No Healthcare Penalty? No Problem: No Due Process

Abstract

The Patient Protection and Affordable Health Care Act (“Act”), which mandates all individuals to have health insurance and “penalizes” those who do not, is unconstitutional for five well-documented and well-argued reasons:1.The mandate for individuals to purchase healthcare (“Mandate”) exceeds Congress's power to regulate commerce among the several states under the Commerce Clause of article I, section 8, clause 3 of the U.S. Constitution.2.The penalty imposed on individuals who fail to honor the Mandate (“Penalty”) is an unconstitutional direct tax because it is unapportioned, as required by article I, section 1, clause 3, and by article 1, section 9, clause 4.3.The Penalty does not satisfy the Necessary and Proper Clause of article I, section 8, clause 18.4.The Act violates the Tenth Amendment reservation of unenumerated powers to the states and to the people.5.The mechanical, procedural aspects of the Penalty violate the due process guarantee in the Fifth Amendment.