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Insurance is often unavailable even for those willing and able to pay for it: according to the Government Accountability Office, an average of 19 percent of individual applications for insurance are declined for a variety of reasons including the applicant’s being on a prescription medicine or being overweight.

If the Court does declare the act unconstitutional, it would have ruled that Congress lacks the power to adopt what it thought the most effective, efficient, fair, and politically workable remedy—not because that national remedy would violate anyone’s rights, or limit anyone’s liberty in ways a state government could not, or be otherwise unfair, but for the sole reason that in the Court’s opinion our constitution is a strict and arbitrary document that denies our national legislature the power to enact the only politically possible national program.

An individual mandate to enter into a contract with or buy a particular product from a private party, with tax penalties to enforce it, is unprecedented and flies in the face of our founding principles and a reasonable reading of judicial precedent.

Unprecedented and Unconstitutional The federal government has never required all Americans to buy any good or service.What Supporters of Obama Care Will Tell You The proponents of expansive federal power hang their hat on the “Commerce Clause” of the constitution (Article 1, Section 8, Clause 3) for Congress’s authority to mandate health care insurance for citizens.Supporters of the federal individual mandate argue that, under its power to “regulate commerce…among the several states,” Congress may regulate the doing of nothing at all.In other words, because Congress has the power to regulate business between the states, it must have the authority to demand it from individuals.If this mandate is allowed to stand, it would be the first use of the Commerce Clause to universally mandate an activity by all citizens of the United States.A Dangerous Precedent Just how far does this abuse of power extend?If Congress can impose a health-insurance mandate, then there is no limit to what Congress can do, and the Constitution’s limits on congressional power will have essentially been eliminated.The most common argument used to justify a federal mandate to purchase health insurance is the talking point that states are allowed to force individuals to buy car insurance before they are allowed to drive.However, there is a fundamental constitutional difference between the inherent police powers of the states and the enumerated powers of the national government not to mention that driving is a voluntary activity.Should the uninsured and struggling be financially punished when they fail to obtain insurance.Such a prospect strikes opponents as counter-productive, by financially penalizing those that cannot obtain insurance because of poor finances.


  1. Almost no one saw it coming. In 2012, Chief Justice John Roberts famously ruled the Affordable Care Act’s provision mandating most people purchase health insurance or else pay a fine constitutional on the basis that Congress has the authority to tax individuals, and the so-called Obamacare “fine” is effectively a tax.

  2. Mandate insurance is unconstitutional. By KEN KLUKOWSKI. 10/20/2009 AM EDT. Share on Facebook Share on Twitter. The Senate Finance Committee-passed health care bill includes an “individual mandate” that Americans must buy an insurance policy or pay a fine, an approach that tracks President Barack Obama’s health

  3. There’s little doubt that if the health care legislation passes and requires citizens to buy health insurance, it will be challenged in court. The final pronouncement may well be up to the nine justices who preside in

  4. The Affordable Care Act establishes uniform requirements and federal health insurance mandates for individual and small group health policies.

  5. The health insurance requirement is thought by some to be unconstitutional because it's federal, and the constitution makes no mention of the federal government having the power to require health insurance. Mind you, it makes no mention of the US Geological Survey either, so I consider that a bogus argument, but

  6. Background and context In the United States, as well as some other countries, mandating that individuals buy individual health insurance has been proposed as a solution to high numbers of uninsured in the US, the number stands around 47 million.

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