I recently laid out my argument for the constitutionality of the individual mandate. Conceding that I’m not a constitutional lawyer, it’s entirely plausible that I’m influenced by the consequences of the policy. I think Obamacare is better than not having Obamacare. I think the individual mandate reasonably solves adverse selection in insurance and the free-rider problem. In contrast, people who think Obamacare is bad policy also just happen to think it’s unconstitutional.
As Jonathan Bernstein says:
[T]here are vanishingly few people who believe that the Affordable Care Act was a terrific piece of legislation except that it is unfortunately unconstitutional. Nor are there more than a handful who believe that the ACA is certainly permitted by the Constitution, but is otherwise a terrible idea.
So let’s put everyone to the test – not just with healthcare but with every policy.
Can you name any policy you favor but think is unconstitutional?