Editor's note: Ilya Shapiro is a senior fellow in constitutional studies at the Cato Institute and editor in chief of the Cato Supreme Court Review. He has filed two briefs on behalf of Cato in Virginia's lawsuit challenging health care reform.
Washington (CNN) -- Today is a good day for liberty. By striking down the unprecedented requirement that Americans buy health insurance -- the "individual mandate" -- Judge Henry Hudson vindicated the idea that ours is a government of delegated and enumerated, and thus limited, powers.
But this should not be surprising, for the Constitution does not grant the federal government the power to force private commercial transactions.
Even if the Supreme Court has broadened the scope of Congress' authority under the Commerce Clause -- it can now reach local activities that have a substantial effect on interstate commerce -- never before has it allowed people to face a civil penalty for declining to buy a particular product। Hudson found therefore that the individual mandate "is neither within the letter nor the spirit of the Constitution."
Stated another way, every exercise of Congress' power to regulate interstate commerce has involved some form of action or transaction engaged in by an individual or legal entity. The government's theory -- that the decision not to buy insurance is an economic one that affects interstate commerce in various ways -- would, for the first time ever, permit laws commanding people to engage in economic activity.
