Harvard Law, the Commerce Clause, and the Obamacare Mandate

Harvard Law School Professor Einer Elhauge published an article in The New Republic titled, “If Health Insurance Mandates Are Unconstitutional, Why Did the Founding Fathers Back Them?” The foundation of his argument is the belief that the Militia Act of 1792 was a mandate to purchase a firearm, and the 1790 and 1798¬†acts by Congress requiring that ship owners purchase medical insurance for seamen, was a mandate forcing the citizens of the states to make a commercial purchase under the Commerce Clause.