The proposition that Congress has the power to order Americans to purchase insurance – or any other product – is contrary to the fundamental concept of individual liberty and antithetical to the takings clause of the Fifth Amendment.  If this precedent were to be upheld, the federal government will have assumed authority over every aspect of individual choice in the care of ourselves and our families: from what foods we choose to what physical activities we engage in.  Nor is this brave new doctrine limited to health care.  Once this precedent is established that government may usurp individual decisions in the marketplace, what limitation remains on its power to order every other aspect of our decisions as consumers, from the size of our houses to the style of our clothes?

Under the provisions of this bill, Americans will be required by federal law to purchase health insurance policies that include every mandate imposed by the new federal health czar and will face federal fines and even imprisonment if they refuse.  And they will pay for them through a combination of higher taxes, higher premiums or lower wages.

Fortunately, the Constitution still protects our freedom from such usurpations.  It will fall to the Supreme Court to hold this enactment accountable to the Bill of Rights and it will fall to “We the People” to hold those who have adopted it accountable at the polls.