Next week, the United States Supreme Court will hear arguments in Florida v. United States Department of Health and Human Services—a case that will quite possibly be the most important to come before the court in my lifetime. The ruling, which is not expected for several months, will tell us whether or not the United States of America will remain a federal republic, or whether the great experiment is effectively over.
Despite the official name of the case, a total of 26 states—a majority of the union—have joined against the federal government. At stake is whether that federal government has the authority to mandate that all citizens of the United States purchase or obtain health insurance.
Obviously, the answer is ‘no.’ The founders crafted the U.S. Constitution so as to only grant the federal government particular, enumerated authorities (which can be found in Article 1, Section 8). In fact, because the government had a short list of things it could do, many of the document’s authors did not think it necessary to include a Bill of Rights. Why should we need to say that people have a freedom of speech (for example) when the government, limited to the enumerated powers, would be theoretically unable to limit that freedom anyway? Alexander Hamilton explained in Federalist #84: