Protecting Our Constitutional Rights

This week, I announced my intent to review whether an individual mandate currently included in the federal health care legislation violates the U.S. Constitution as well as our individual rights and freedom. The mandate levies a tax or a fine on anyone who chooses not to purchase health insurance coverage – a tax on doing nothing at all.

Congress has defined powers upon which it can act, like the Commerce Clause where the Supreme Court has required some economic activity to be affected by interstate commerce. However, the individual mandate is different than any other requirement the federal government imposes in that it regulates non-activity.

I am very concerned about the implications of this mandate and have called on my fellow Attorneys General to join me in my legal review. As the new year approaches, I look forward to getting answers for our citizens and protecting them from something that may have crossed a Constitutional boundary.