Healthcare

Mandates and the Constitution

I've been asked multiple times whether or not individual mandates are constitutional. My best answer, to date, has been: I think so, mainly because the consequence is merely a 2.5 percent tax, and taxation is constitutional.

Of course I wasn't entirely sure. Until now.

Slate's Timothy Noah lays out the case for the constitutionality of the individual mandate here. It's pretty wonky, but it makes sense.

And I hasten to note that I only support mandates if they're accompanied by a public insurance option.