Florida Attorney General Challenges Constitutionality of Healthcare Bill | Print | E-mail
Written by Thomas R. Eddlem
Wednesday, 30 December 2009 10:15

Florida Attorney General Bill McCollum stated December 29 that the healthcare package the U.S. Senate passed on Christmas Eve contains an unconstitutional mandate requiring all Americans to purchase health care insurance.

In a press release on his website, McCollum stated: "I have grave concerns about the constitutionality of this mandate. Such a 'living tax' is worrisome because it would be levied on a person who does nothing, a person who simply wishes not to be forced to buy health insurance coverage. Upon initial review, this appears to be contrary to the freedoms we, as Americans, have enjoyed for the past 233 years. The mandate is especially troubling to Floridians who are guaranteed through the Florida Constitution to have 'the right to be let alone and free from governmental intrusion into [their] private life.'"

That last part was a quote from the declaration of rights in Florida's state constitution. Article I, Section 23 of the Florida constitution states: "Right of privacy. — Every natural person has the right to be let alone and free from governmental intrusion into the person's private life except as otherwise provided herein. This section shall not be construed to limit the public's right of access to public records and meetings as provided by law."

Indeed, a federal government mandate to require citizens to purchase such an expensive consumer item — health insurance often costs more than $1,000 per month — has never been created in U.S. history, even in wartime. As the Heritage Foundation recently asked: “Can Congress require all Americans to buy a new Buick every year or pay a tax equivalent to the price of a used LeSabre?