The Unconstitutional Individual Mandate

One big issue with the Health Power Grab bill is the individual mandate which requires, with penalties for non-compliance, American citizens to purchase health insurance. There’s just one problem — there is no power granted by the Constitution that allows this.

Quin Hillyer posts a memo put out by a group of major leaders of the conservative movement.

ISSUE: Mandating that individuals must obtain health insurance, and imposing any penalty-civil or criminal-on any private citizen for not purchasing health insurance is not authorized by any provision of the U.S. Constitution. As such, it is unconstitutional, and should not survive a court challenge on that issue. Supporters of the legislation have incorrectly contended that the legal justification for the mandate is authorized by the Commerce Clause, the General Welfare Clause, or the Taxing and Spending Clause. Given that this mandate provision is essential to Obamacare; its unconstitutionality renders the entire program untenable.

The memo lays out the legal arguments that explain the bill’s unconstitutionality. The writers call for the following:

ACTION: We urge you to make this point to members of the U.S. Senate-and if a bill passes the Senate to impress upon members of both chambers of Congress-that the key provision in the healthcare legislation violates the U.S. Constitution.

Let your legislators know that you oppose this bill. It is not too late.

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3 Responses to The Unconstitutional Individual Mandate

  1. Oh, come on, Jim, you know the Constitution doesn’t apply to Democrats. Sheesh! ;)

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  2. Pingback: The Unconstitutional Individual Mandate – Part II | bRight & Early