Such things have been done in the past.
the Second Militia Act of 1792 mandated that every adult male be in a militia, arm themselves to a standard and train twice a year at their own expense.
I'm surprised you aren't aware that the Militia Act was based on the Constitution's Militia clause, while Obamacare is based on the Interstate Commerce clause, i.e., two totally different legal concepts.
There is, of course, a strong foundation in the Constitution for the Militia Act:
Article I, section 8, clause 16 provides Congress the power explicitly “[T]o provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.”
There is no such provision WRT Obamacare. At all. The Commerce Clause doesn't discuss health care at all: "[T]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."
At the very least there is a substantive argument that the Militia Act was constitutional. OTOH, finding any connection between the Commerce Clause and Obamacare is a very long stretch.
I'm amazed you can't make a stronger argument; if you can't, perhaps you ought not be arguing the point at all. |
