SHOULD WE BE ABLE TO BUY HEALTH INSURANCE ACROSS STATE LINES? Yes, but this provision would open the intrastate industry to control by Federal Regulators.

            While this idea is compatible with Austrian economic theory of the free market, it may be advisable to first challenge the power of the Federal Government’s control over existing intrastate insurance companies.

            As it stands now, insurance companies operate within each state and an argument can be made that they are not operating in interstate commerce.

            Obviously the famous case of Wickard v Filburn which was decided by FDR’s U.S. Supreme Court contorted the meaning of Article 1 Section 8 of the U.S. Constitution.  The commerce clause simply reads that Congress shall have the power: “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;”

            While “regulate” did not mean control, but rather meant to assure that such commerce might be protected and persevered, the long standing precedent of the Wickard case which gave that word a different meaning is not likely to be overturned, except in my opinion, given the present make up of the Supreme Court and given the importance of preserving a vital insurance industry.