Entrenchment Provisions in the Health Care Bill are Probably Unconstitutional

“One legislature may not bind the legislative authority of its successors.” Sir. William Blackstone cited in the paper linked below. Eric Posner writes at the Volokh Conspiracy: “Jonathan notes that the health care bill includes certain ‘entrenchment’ provisions . . . Can Congress bind itself in this way? . . . As it happens, I have written a paper [111 Yale L.J. 1665 (2001-2002)] on this topic (with Adrian Vermeule). The short answer is ‘no,’ or at least, no one thinks that Congress can bind itself in this way . . . Most scholars seem to fear that if Congress can entrench legislation, then it will resolve all questions today that might come up in the future, depriving future generations of their right to self-government.”