Senate Minority Whip Jon Kyl of Arizona told The Daily Caller that the Supreme Court would be allowing an “all powerful government” over the people if it upholds the individual mandate in the health care law. Kyl said the court must “draw a line” in terms of whether or not the federal government can force individuals to purchase a good or service.
“I don’t think anybody can confidently predict how the court is likely to rule and so comments at this point are a little bit premature I would say,” Sen. Kyl told TheDC on Capitol Hill Monday.
“I think there is a very strong argument for it [the individual mandate] being unconstitutional and I think if the court doesn’t draw that line to say that we’re not sure exactly where the line is but this clearly would be over the line in terms of beyond the necessary and proper role of Congress than I don’t see where they ever would draw a line.”
The section of the Constitution known as “The Commerce Clause” says, “[The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes.” Conservatives argue that this clause does not cover an individual’s decision not to purchase health insurance.
“The power to compel individuals to enter commerce, by contrast, smacks of the police power, which the framers reserved to the States,” Paul Clement, the former solicitor general representing the 26 states suing over the mandate, told the Supreme Court Thursday.
Sen. Kyl said the outcome of this case will determine how far the power of the federal government can reach.
“This case is extraordinary important to restraining the power of our government over the people of this country, it’s supposed to be the other way around, the people have the power over the government,” Kyl told TheDC.
“The interesting thing about the government’s argument is that they haven’t been able to articulate to the court where that line would be if it’s not here and since the Constitution was designed to preserve the freedom of the people and their sovereignty over the government, if the government can’t draw a line beyond which its power cannot extend, than we have just confirmed or the Supreme Court will have confirmed an all powerful government which is not what the founders intended.”