Is mandatory health insurance unconstitutional? The answer is, yes. Many have pointed out that all state governments require auto insurance. What is the difference?
When the government requires auto insurance, they are providing something to the citizen in exchange. In exchange for the privilege to operate an automobile, which is a very dangerous machine, the citizen is required to perform specifics. One of those specifics is insurance. So you might think of a drivers license as a contract. If you do not have insurance, you are in violation of that contract. As such, the state has the right to revoke or suspend the privilege to operate that machinery.
Now, what privelege can the Federal Government grant in exchange for forcing people to purchase health insurance? The only thing that I can think of that is fair is the privelege of writing off catastrophic medical bills in a bankruptcy filing. The right to be treated? What about EMTALA? (Emergency Medical Treatment and Active Labor Act) The right to live? Remember, that the government can not give or take away rights. Therefore Congress has nothing to exchange for the healthcare mandate. That is why it is unconstitutional.
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