Is the Affordable Care Act Unconstitutional?

“If the provisions of the Constitution be not upheld when they pinch, as well as when they comfort, they may as well be abandoned.” — Justice George Sutherland (1862-1942)

Here we go again. The legal battle over the constitutionality of the Affordable Care Act — Obamacare — will soon be back in court due to the largely unexpected consequences of a series of recent events.

When the ACA was enacted in 2010, it was a stool with four legs. The first was a declaration that access to professional health care treatment — even for preexisting conditions — is a right to be guaranteed by the federal government. Second, that all people in America are legally required to have health insurance or be assessed for the cost of an insurance policy by the IRS — this is the so-called individual mandate. Third, that all employers of 50 or more full-time employees provide health care insurance to their employees. And fourth, that the

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Andrew Napolitano
Judge Andrew P. Napolitano is the author of seven books on the U.S. Constitution, two of which have been New York Times best sellers. Judge Napolitano has been Fox News’ Senior Judicial Analyst since 1998 and he is nationally known for watching and reporting on the government as it takes liberty and property.