David Harsanyi

It would be a pleasant change of pace if proponents would be honest and say: Listen, we have concerns that are far more vital than choice or freedom (you hater), like, for example, setting up a government-sanctioned, state-monopolized, price-fixed, quasi-market for health insurance. Let's face it; there always comes a moment in any Utopia-building project when the free riders and nonbelievers have to get with the program.

Instead, we hear that Americans are all part of the health care system sooner or later. We all pay. Thus, it should be by default considered commerce, and government can proactively force "participation."

As U.S. District Court Judge Henry Hudson, who found the mandate unconstitutional recently, points out, "the same reasoning could apply to transportation, housing or nutritional decisions. This broad definition of the economic activity subject to congressional regulation lacks logical limitation."

Maybe that's the point. Force someone to buy a gun? Awful. Force someone to buy insurance? A victory for fairness. The limits of this philosophy depend solely on the subjective ideals and imaginations of powerful advocates.

So it's a good thing we have a Constitution.

One hopes.


David Harsanyi

David Harsanyi is a senior editor at The Federalist and the author of "The People Have Spoken (and They Are Wrong): The Case Against Democracy." Follow him on Twitter @davidharsanyi.