ObamaCare and the General Welfare Clause

The individual mandate is not the only problem with the health law. Its draconian Medicaid mandates on states exceed Congress's spending power.

Updated Dec. 27, 2010 12:01 a.m. ET

Remember the Cornhusker Kickback? In a frantic effort to move ObamaCare through the Senate last December, the following provision was added to the bill: Nebraska was given a $100 million exemption to cover the costs of the bill's dramatic expansion of Medicaid. The special exemption was ultimately dropped during reconciliation, but not only because of the public outrage it generated. Many realized it was unconstitutional for a reason that now applies equally to the health-reform law: Both violate the general-welfare clause.


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