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Monday, 28 March 2011 10:11

Cato Institute: Individual Mandate is Unconstitutional

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In a recent video produced by the Cato Institute, attorney David Rivkin (picture, left) declared that the individual mandate of ObamaCare is unconstitutional. He described that particular provision of the year-old health care law as violative of “centuries of settled case law,” and as “fundamentally different from every law regulating commerce that Congress has ever enacted since the the first days of our Republic.”

Rivkin’s position on this issue is not surprising. Rivkin is the lead attorney for the state of Florida in its case against the Obama administration. Florida’s suit seeks to enjoin several agencies of the federal government from enforcing key provisions of the Patient Protection and Affordable Care Act, known as ObamaCare.

In his very eloquent exposition of constitutional jurisprudence, Rivkin avers that if ObamaCare were to be adjudged constitutional, then “much of the Framers’ drafting of the original Constitution, and of the Bill of Rights, and all of Congress’s subsequent legislative work in the centuries hence, is at best largely incoherent and at worst, superfluous.”

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