On the Eve of Historic Healthcare Vote, ACS Distributes Timely Issue Brief

In “Mandatory Health Insurance: Is It Constitutional?,” Simon Lazarus, Public Policy Counsel for the National Senior Citizens Law Center, addresses arguments regarding the constitutionality of the individual mandate that constitutes a core part of the healthcare legislation under consideration. Mr. Lazarus argues that the mandate is clearly lawful and in accord with the Constitution.

In this Issue Brief, Mr. Lazarus argues that multiple provisions of the Constitution permit Congress to enact an individual mandate as part of healthcare reform legislation. He claims that “the Supreme Court decades ago, in 1944, held that the business of insurance fell within Congress’ regulatory authority under the Commerce Clause,” and that modern cases which limit the reach of the Commerce Clause authority do not undercut the authority of Congress to legislate in this area. Mr. Lazarus also argues that the individual mandate is authorized by the Congressional authority to tax and spend for the general welfare. Mr. Lazarus concludes that no provision of the bill of rights, or text found elsewhere in the Constitution, acts to prohibit Congress from enacting healthcare reform legislation.

ACS is pleased to distribute “The National Voter Registration Act: Fifteen Years On,” by Estelle H. Rogers, Consulting Attorney with Project Vote. Ms. Rogers notes that Congress passed the National Voter Registration Act (NVRA) in 1993 in order to increase the number of registered citizens and to enhance participation in the electoral process. Yet, she observes, in the 2008 election—fifteen years after the passage of the NVRA—registration problems persisted.

In this issue brief, Ms. Rogers discusses the NVRA’s “significant untapped potential to solve many of the problems we continue to experience in our voter registration system, problems that have profound consequences on Election Day.” In particular, she focuses on Sections 7 and 8 of the NVRA. Section 7 requires that social service agencies and offices serving peoples with disabilities provide voter registration services similar to those provided by motor vehicle offices. Ms. Rogers notes that this section has been unsuccessful due to widespread non-compliance, and recommends, among other things, increased enforcement and clarification by the Department of Justice as well as additional efforts on the part of states to expand registration efforts. Section 8 addresses election administration and voter list maintenance and, according to Ms. Rogers, has been widely disregarded as states remove voters for the rolls without following the NVRA’s safeguard to minimize the risk of wrongful removal. Ms. Rogers again offers numerous recommendations including that the Department of Justice provide additional clarification and enforcement of this provision. She also describes possible statutory changes also to address this issue. She concludes that the “NVRA remains a powerful tool that should not be ignored. If it were – finally – vigorously enforced and properly interpreted, this . . . statute could well be the transformative law that its authors envisioned.”