It is Unconstitutional for Congress to Compel a Citizen to Buy a Commodity

The Individual Mandate: An Unconstitutional Exercise of Congressional Power

By Sheldon H. Laskin

It is generally agreed, by both proponents and opponents of the Administration’s health reform bill, that the lynchpin of the legislation is the individual mandate requiring uninsured Americans to obtain health insurance, or pay a penalty on their tax return for failing to do so. Without the mandate, even the Administration’s wildly exaggerated cost savings estimates simply cannot work. The whole plan is predicated on enlarging the risk pool by bringing in younger, healthier people who currently lack the means or the incentive – or both – to purchase health insurance.

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