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Why the Personal Mandate to Buy Health Insurance Is Unprecedented and Unconstitutional

An individual mandate to enter into a contract with or buy a particular product from a private party is literally unprecedented, not just in scope but in kind, and unconstitutional either as a matter of first principles or under any reasonable reading of judicial precedents.
United States District Of Columbia Roscoe Filburn Justice Marshall Wickardand Raich Erwin Chemerinsky

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Constitutional Politics in the Age of Joseph Story

Supreme Court Justice Joseph Story was a National Republican, and the basic constitutional thesis of national republicanism was that the Constitution establishes a national government with the power to provide the legal, financial, and physical infrastructure for a dynamic and expanding national economy that involves extensive interstate and international commerce (in the sense of buying and selling). Storyโ€™s doctrine of the Constitution implemented each of those principles. He was a proponent...
New York United States Erie Canal United Kingdom White House District Of Columbia

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