Does Congress lack the power to regulate the sale of insurance?

[RudyPotPie]

Jurisdiction

US Federal Law

I'm being told by an attorney that Congress lacks the power to regulate the sale of insurance.

My research (I'm not a lawyer) indicates they leave insurance primarily to the states, but Congress may regulate insurance if they desire.

I'm getting to that by finding US v. South-Eastern Underwriters Association, in which the SCOTUS said the Commerce Clause gives Congress the authority.

He sites McCarran-Ferguson, which seems to say Congress subsequently indicated what aspects (most) of insurance regulation would be left to the states and what would be federal, but doesn't seem to limit Congress's own power to regulate if they so desire. He said M-F makes US v. SEUA a "dead letter."

He insists his background as a constitutional lawyer makes his opinion correct, and that I can't possibly understand.

But it seems to be that if Congress wanted to enact changes in healthcare (or any other sort of insurance) tomorrow, they likely could.

Am I all wet?

 

[adjusterjack]

Am I all wet?

If that's your only question, the answer is yes.

Congress enacted Obamacare because it could. Congress can repeal Obamacare and replace it because it can. That doesn't change the right of the states to regulate insurance to the extent they are already doing so.

A discussion (that you hope to foment) on the issue would be a waste of time. So let's not.

 

[mightymoose]

Article 1 Section 8 of the Constitution defines the limited powers of Congress. In it you will not find mention of insurance, but you will find authority to regulate commerce among the states and authority to provide for the general welfare of the states- which both must be completely bastardized to justify the Affordable Care Act or any replacement of it (which is what has happened).
Per the 10th Amendment, regulation of insurance and anything else not specifically granted to Congress in the Constitution, is properly left to the states or to the people.

 

[mightymoose]

That doesn't change the right of the states to regulate insurance to the extent they are already doing so.

Yes it does. States are not free to regulate insurance as they choose, which they should be able to per the 10th Amendment. They must conform to the inappropriate restraints being put on them by Congress.

 

[army judge]

The entire government is so out of control that no one could ever fix it.

 

[cbg]

It's really very simple.

The ACA is Constitutional because SCOTUS says it is. They are the ultimate authority.

 

[adjusterjack]

The entire government is so out of control that no one could ever fix it.

You got that right.

Have you read James Duane's new book "You Have the Right to Remain Innocent"?

It paints a very scary picture of the criminal justice system.

 

[army judge]

You got that right.

Have you read James Duane's new book "You Have the Right to Remain Innocent"?

It paints a very scary picture of the criminal justice system.

Yes, it was a fascinating read.
I'm afraid that things have spiraled too far off track to ever get them back on the track intended.

Freedom is extremely elusive these days.

 

[RudyPotPie]

If that's your only question, the answer is yes.

Congress enacted Obamacare because it could. Congress can repeal Obamacare and replace it because it can. That doesn't change the right of the states to regulate insurance to the extent they are already doing so.

A discussion (that you hope to foment) on the issue would be a waste of time. So let's not.

I'm not clear, I'm trying to figure out if I owe the guy an apology or not.

I insisted that Congress had the ability to regulate health insurance and could do away with state lines. That is, I was under the impression that Congress could dictate that if a policy was approved by one state, it could be sold in all states.

He said I was wrong because states regulate health insurance, that this was beyond the power of Congress.

When Obamacare was passed, Congress didn't erase state lines.

Do I owe the guy an apology, or not?