This article explores the constitutionality of the individual mandate of the health care reform bill known as the Patient Protection and Affordable Care Act, as well as the economic penalty that is assessed to those who do not meet the mandate. A brief history of prior health reform initiatives in the United States will be examined to provide a historical context for the current political debate regarding the currently instituted reforms. The legal justifications of the proponents for the mandate will be analyzed regarding their constitutionality, and the legal fate of the mandate will be examined. Lastly, this article will explore other potential health care reform alternatives that are constitutionally sound.
"Legally Ill: Is the Federal Health Insurance Mandate Constitutional?,"
Barry Law Review: Vol. 16
, Article 6.
Available at: http://lawpublications.barry.edu/barrylrev/vol16/iss1/6