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Florida Attorney General Against Health Care Mandate

02.04.2010 · Posted in Constitutional Law


Make a delicately nuanced argument about the U.S. Constitution, and the former Florida Republican Congressman Bill McCollum, the Florida attorney general said Tuesday that the provisions to compel Americans to buy health care or pay a fine that are not legal and to file a lawsuit if they become law. Make a delicately nuanced argument about the U.S. Constitution, and the former Republican congressman from Florida Attorney General Bill McCollum said Tuesday that the provisions to compel Americans to buy health care or pay a fine that are not legal and to file a lawsuit if they become law.

In a note sent to the House and Senate leadership, the Florida attorney general called the mandate of the Americans who need health care for a “tax life” unconstitutionally punishes people for being inactive. “Never before has forced the U.S. Congress, under threat of government fines or taxes, to buy an unwanted product or service simply as an existing constitution of the country ” McCollum wrote to Senate Majority Leader Harry Reid, R-Nev., Minority Leader Mitch McCollum, R-Ky., House Speaker Nancy Pelosi, D-Pa., and Minority Leader John Boehner, R-Ohio.

According to the Attorney General of Florida, the election of a citizen not to purchase health insurance can not be interpreted as rational economic activity subject to the Commerce Clause. “The Commerce Clause empowers Congress not to transform the individual choice of a citizen to be inactive the market in a compulsion to buy insurance, apparently unwanted or be penalized” he wrote. McCollum also said taxes levied directly by the citizens must be “apportioned by population in each state.