Reading Room Document

Constitutionality of Health Care Reform

The proposed Health Security Act is well within the authority of Congress under the Commerce Clause, and it does not violate Tenth Amendment or other principles of federalism. The proposal contains no unconstitutional takings of private property or infringement of liberty interests. The proposed delegation of administrative authority to the National Health Board, and, from it, to state alliances, is not an impermissible delegation of legislative authority. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/20451/download.

October 29, 1993