Commentary: The unconstitutional individual mandate–why all Americans should be concerned

AFLC Co-Founder and Senior Counsel Robert J. Muise, who is nationally recognized as one of the lead attorneys in the constitutional challenge to Obamacare [read more here], was recently asked by the prestigious National Law Journal to write an article on the constitutionality of the individual mandate for its Supreme Court Insider.  That article was published on March 14, 2012, and can be read here.

In the article, Muise notes that our Founders established a federal government with limited power for a reason: to prevent tyranny and to protect freedom.  Obamacare is a direct challenge to that fundamental principle enshrined in our Constitution.  As Muise notes, “At no time in our nation’s history has Congress ever sought to exercise such power; nor, for that matter, has it ever assumed that it had the authority to do so.”

Muise concludes his article with this accurate observation and warning: “As our founders understood, when the federal government exceeds its lawful authority, the liberty of all persons ‘is at stake.’  Consequently, when Congress seeks to expand the reach of the federal government beyond that which is provided for in the Constitution — as the individual mandate does here — all Americans lose.”