Florida attorney general: Individual mandate discussed during health care summit is unconstitutional
Florida Attorney General Bill McCollum today released the following response to reports that during today’s Health Care Summit, President Obama advocated for an individual mandate requiring every person to be have health care coverage or otherwise pay a fee or tax:
“After conducting a legal review of the individual mandate, it is very clear to me this mandate violates the U.S. Constitution because Congress cannot penalize people for doing nothing at all. This is a tax on living, and if the individual mandate is in the final bill signed by the President, I will file a lawsuit on behalf of the citizens of Florida to protect our Constitutional rights.”
The Attorney General previously stated in a legal memo submitted to Congressional leadership that the U.S. Constitution establishes a limited federal government that protects the freedom of individuals and the rights of states, and the individual mandate in the health care legislation is contrary to that Constitutional principle because it penalizes inactivity.
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