More Obamacare - Prof. Randy Barnett testimony

Georgetown Law Professor Randy Barnett has been, from the beginning, one of the most eloquent critics of Obamacare, and one of the first and most consistent holders of the position that the individual mandate is clearly unconstitutional. Today (or maybe yesterday) he posted his responses to some questions asked by Senators Durbin and Sessions. It's an interesting read.

Answers to Questions Posed by Senators Durbin and Sessions

c. In your testimony, you alluded to jury duty, selective service registration and several other actions the federal government requires of each individual citizen. You described these as traditionally-recognized requirements that were necessary for the continued function of the government itself. In 1792, the United States did not have a permanent standing army. Do you think service in the militia was among those traditionally-recognized requirements necessary for the continued function of government?

Without question, it was considered a fundamental duty of citizenship. Congress is now seeking to add an new and unprecedented duty of citizenship to those which have traditionally been recognized: the duty to engage in economic activity when Congress deems it convenient to its regulation of interstate commerce. And the rationales offered to date for such a duty would extend as well to the performance of any action, whether economic or not, when Congress deems it convenient to the exercise of its power over interstate commerce. The recognition of so sweeping a duty would fundamentally alter the relationship of American citizens to the government of the United States.

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