Health Care: Constitutional Concerns
Health care reform brings many questions and concerns - including serious questions about the constitutionality of the reform proposals, especially the proposed individual mandate requiring nearly every American to purchase insurance or face a penalty.
The ACLJ has provided a thorough legal analysis concerning the constitutionality of this issue. Any such mandate would represent an unprecedented form of federal action that would end up at the Supreme Court of the United States.
While an individual mandate has been considered before, no such proposal has ever come so close to being enacted into law. In 1994, during President Clintons failed push for health reform, the Congressional Budget Office (CBO) was asked to evaluate how such a mandate should be treated for budgetary purposes. The CBO stated, "A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States."
You can read the ACLJ legal memo on this issue here.
These constitutional concerns simply cannot be ignored. The ACLJ is distributing this legal analysis to members of Congress - in both the House and Senate.
As we mentioned, this 'individual mandate' will trigger many legal challenges that ultimately will come before the Supreme Court. The ultimate question that the high court will have to face: can Congress regulate a person simply for existing - absent some other activity?
An answer in the affirmative would have reaching and lasting consequences and effect a significant change on the structure of our nation. It would also be an unprecedented action. Congress should seriously consider its constitutional authority (or lack thereof) to mandate persons purchase health insurance before proceeding any further on this legislation.
We will keep you posted on the health care issue on the website and on our daily radio broadcast, Jay Sekulow Live!