Looks like he’s planning to force a vote on its constitutionality. Not sure how much good it will do, but here’s what he says:
“Forcing every American to purchase a product is absolutely inconsistent with our Constitution and the freedoms our Founding Fathers hoped to protect,†said Senator DeMint. “This is not at all like car insurance, you can choose not to drive but Americans will have no choice whether to buy government-approved insurance. This is nothing more than a bailout and takeover of insurance companies. We’re forcing Americans to buy insurance under penalty of law and then Washington bureaucrats will then dictate what these companies can sell to Americans. This is not liberty, it is tyranny of good intentions by elites in Washington who think they can plan our lives better than we can.â€
I would also point out that auto insurance mandates are state mandates. Regulating vehicles on the public roads has long been held to be within the states’ police powers. Unfortunately, the Commerce Clause jurisprudence today allows the federal government to regulate pretty much anything called “commerce.” Whether that extends to the government forcing people to buy a product is an interesting question, but there’s plenty of precedent that would suggest they indeed do. The “takings” argument is an interesting one, but you know, Kelo worked out so well, didn’t it?
Our government is out of control, and there’s nothing we can do about it until 2010. That’s just how it is. Whether we want to admit it or not, this is the Government the people thought they wanted. If they are having voters’ remorse, I feel for them, but there were plenty of voices out there telling people exactly what they were going to get out of this President and this Congress.