"President Obama’s health care legislation is riddled with constitutional problems. The individual mandate, the employer mandate, even the buyoffs for Senators Nelson and Landrieu—they all raise constitutional issues, ranging from the limits on Congress’ power to regulate interstate commerce, to the taxing and spending authority of the government, to a little known—and from the commentary thus far, very little understood—General Welfare Clause.
South Carolina Attorney General Henry McMaster is leading a growing group of state attorneys general who are prepared to challenge parts of Obamacare. The Nebraska kickback that bought off Ben Nelson is the central focus of McMaster’s efforts.
But McMaster is also studying at an issue that almost everyone is overlooking. The Senate version of Obamacare includes a possible violation of the Tenth Amendment, which provides that any powers that either are not expressly granted to the federal government, or are not expressly denied to the states, are reserved to the people or to the states."
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