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Con-ning Yourself

March 30, 2012 4 comments

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? 

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