The State of the Union and the Individual Mandate Litigation

The President proposed in his speech that the states require all students to stay in high school until they turn eighteen or they graduate.  I wonder if that means he thinks that Congress lacks the constitutional authority to order that change.

Not necessarily, of course.  But the position that I’ve taken in my essay is that Congress can require individuals to buy health insurance but probably cannot enact a compulsory education law.  Food for thought.

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1 Response

  1. Ken Rhodes says:

    As a practical matter, I think the President proposed correctly, because of the enforcement dilemma. A rule is only a suggestion unless there is an enforcement mechanism.