Purchase Health Insurance or Else: Why Individual Health Insurance Mandates Enacted by the Federal Government are Unconstitutional

41 Pages Posted: 3 Apr 2010

See all articles by Matthew R. Hracho

Matthew R. Hracho

Pennsylvania State University, Dickinson Law

Date Written: February 5, 2010

Abstract

On March 23, 2010, President Obama signed comprehensive health care legislation into law. Although historic, attorneys general from twelve states have filed suit against the federal government challenging the constitutionality of the bill. Specifically, the constitutional challenges focus on the individual health insurance mandate included in the bill. The mandate requires that all citizens have health insurance by 2014 or pay a fine. This Comment analyzes the congressional powers provided by the United States Constitution and the Supreme Court's interpretation of those powers to show why the individual health insurance mandate is unconstitutional.

Keywords: Health care, insurance, mandate, unconstitutional

Suggested Citation

Hracho, Matthew R., Purchase Health Insurance or Else: Why Individual Health Insurance Mandates Enacted by the Federal Government are Unconstitutional (February 5, 2010). Available at SSRN: https://ssrn.com/abstract=1579835 or http://dx.doi.org/10.2139/ssrn.1579835

Matthew R. Hracho (Contact Author)

Pennsylvania State University, Dickinson Law ( email )

150 South College Street
Carlisle, PA 17013
United States

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