The American Spectator : AmSpecBlog : Conservative Leaders Against ...
MEMO FOR THE MOVEMENT:
The Individual Mandate in "Obamacare" is Unconstitutional
RE: The mandate under the Obama-Pelosi-Reid healthcare legislation requiring American citizens to purchase health insurance violates the U.S. Constitution.
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.
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 individual mandate is unconstitutional unless there is a specific constitutional provision that authorizes it. The federal government is a government of limited jurisdiction. It has only enumerated powers. Therefore unless a specific provision of the Constitution empowers a particular law, then that law is unconstitutional. There is no such authorization for the mandate.
* The individual mandate is not authorized by the Commerce Clause. Most of those advocating the Democrats' bill say that Congress can pass this legislation pursuant to its power to regulate interstate commerce. That argument is incorrect, because there is no interstate commerce when private citizens do not purchase health insurance.
· The Commerce Clause only covers matters where citizens engage in economic activity. The last time the Supreme Court struck down a law for violating the Commerce Clause, in United States v. Morrison (2000), the Court did so on the grounds that the activity in question was not an economic activity.
