Health Care Mandate Sparks Constitutional Debate

The requirement that everyone buy health insurance -- a central element to President Obama's health care plan -- is flatly unconstitutional, legal experts argue.

"At the heart of this plan is an unprecedented imposition on individual liberty," constitutional attorney David Rivkin told FOX News.

The constitution allows the federal government to regulate interstate commerce but Rivkin argues the insurance requirement is just an attempt to dictate personal behavior.

"What’s unique about here is the mandate imposed on individuals merely because they live," he said. "Not connected with any economic activity, not because they grow something, make something, compose something. Merely because they live. And this is absolutely unprecedented."

During the Prohibition era, the federal government dictated personal behavior by making the consumption of alcohol illegal. But to do so, the nation had to pass a constitutional amendment.

http://www.foxnews.com/politics/2009/09/29/health-care-mandate-sparks-constitutional-debate/