Home / General / “A constitution is not intended to embody a particular economic theory.”

“A constitution is not intended to embody a particular economic theory.”

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Wrongful Death asks:

If the courts rule that the federal government can force you to buy a product produced by a private company or pay a punitive tax, then why can’t the federal government force you to buy a Chevy from them? What’s to stop them?

The fact that such a law would have no political support and have no chance of being enacted. You can see this in the fact that Congress has not tried to accomplish similar ends through methods that are indisputably constitutional (just cutting a check to everyone who buys Chevy, raising tax rates and giving a huge tax credit to everyone who buys a Chevy, etc.) You’re welcome!

It should also be noted that if in the bizzaro political universe (the planet Strawman?) in which such a law could be passed, it is very possible that the Court would uphold the law anyway. Courts generally side with powerful elites, and to the extent that there’s some ghost of a chance that the Court will strike down the individual mandate it’s because there’s a substantial but powerful minority committed to that vision of the Constitution. And for that matter, why would the Chevy law be unconstitutional (as opposed to egregiously dumb?) It really requires an actual argument, because the Constitution gives Congress the power to pass all kinds of idiotic laws (cf. Congress 2001-2007 passim.)

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