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Constitutional Implications of an “Individual Mandate” in Health Care Reform
July 10, 2009
Peter Urbanowicz, Dennis G. SmithAs part of comprehensive legislation to change the health care system in the United States, several key congressional leaders – and President Obama – are proposing a new federal law to require every American to purchase health care insurance coverage, a so-called “individual mandate.” Failure to comply with this mandate to purchase health insurance would subject a person to fines, penalties, or excise taxes. This individual mandate, if passed, would be an unprecedented federal directive that might call into question the constitutionality of such an action under Congress’s taxation or interstate commerce “regulatory” authority, as well the ramifications of such a mandate under the First Amendment’s “free exercise” protections and Fifth Amendment protections against governmental “takings.”
Constitutional Implications of an “Individual Mandate” in Health Care Reform
