Does Congress have the authority to regulate the purchasing of health insurance across state lines?
Under Section 8, Clause 3, of the U.S. Constitution, the Commerce Clause states: Congress shall have the power to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.
The founding fathers’ original intent, with respect to the Commerce Clause, was to prevent state tariffs that worked against the interests of the citizens by raising prices of goods from another state, and that could result in a state’s isolation.
James Madison maintained that “to regulate” meant to keep “regular,” thus the power given to Congress is to maintain and keep “regular” the commerce between and among the various states.
Therefore, the answer is “yes.”
Congress has, in fact, a responsibility to require the 50 States to remove all barriers that restrict, limit, and/or prevent commerce between and among the states.
Congress’ refusal to keep “regular” commerce between the states is in fact a violation of the oath of office taken by its members.
Rep. John Shadegg (R-Ariz.) introduced, in the 110th Congress, the Healthcare Choice Act, H.R. 4460, which would allow purchasing of health insurance across state lines. To date, the bill remains in the Subcommittee on Health.
I don’t trust Washington to really “regulate” commerce in a way that favors consumers; I fear that this will encourage insurance companies to go to the most corporate friendly state with the least “checks” on corporate power. This could also lead to more money leaving the state of Tennessee and being sucked off to other states instead of staying in our local economy creating local jobs.