Is the mandate to buy health insurance constitutional?

Ilya Somin writing at Volohk Conspiracy fleshes out what is sure to be a court challenge against the constitutionality of individual or business mandates to purchase health insurance. His point - there is no "consensus" among constitutional scholars on the issue

"In an important recent speech, Senator Max Baucus claims that there is a broad consensus among legal scholars (that the individual mandate is constitutional. He claims that 'those who study constitutional law as a line of work have drawn th[e] same conclusion' as congressional Democrats. Similar assertions have been made in parts of the liberal blogosphere. For example, Think Progress denounces Republican Senators Ensign and DeMint for citing only 'right-wing think tanks' in support of their claims that the mandate is unconstitutional, and chides them for supposedly being unable to cite 'a single judge, justice or reputable constitutional scholar who believes that health reform is unconstitutional.'"

How can I be encouraged the people will rise up, as the tea party movement is too passive and for all intents and purpose it has been of no effect. Sorry to be so pessimistic.

Here's another tactic we MUST also work:

From the Tenth Amendment Center:

So if you think marching on D.C. or calling your Representatives, or threating to “throw the bums out” in 2010 or 2012 or 20-whatever, is going to further the cause of the Constitution and your liberty – you might as well get your shackles on now. Your last chance has come and gone.

But, those of you who visit this site regularly already know that the Senate’s health care vote is far from the end of things – and you also know that even when it goes into effect (which I assume some version will), it’s still not the end of the road for your freedom.

The real way to resist DC is not by begging politicians and judges in Washington to allow us to exercise our rights…it’s to exercise our rights whether they want to give us “permission” to or not.

Nullification – state-level resistance to unconstitutional federal laws – is the way forward.

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