goldcatt
Catch me if you can!
- Aug 4, 2009
- 10,330
- 3,039
No, I am not looking for a SCOTUS opinion.To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
Here's your answer. I'll have to find a link, but you're looking for the SCOTUS opinion in Heart of Atlanta Motel which sets forth the rule on how this clause is applied. Healthcare = Interstate commerce under the Constitutional definition.
"to regulate Commerce with foreign Nations, and among the several States..." does not state that Congress has the right to institute universal healthcare amongst the citizens of the individual states.
The aforementioned Clause is speaking to Congress only stepping in, when state A is trying to pass unfair tariffs against state B. See Federalist Papers #42.
I actually agree with you as to what it "should" be and I'm not normally a textualist, but believe me that's not what it is today. I've been in enough courtrooms over it to know.