A second federal judge has just ruled that Congress exceeded its constitutional authority when it mandated that most Americans must purchase health insurance starting in 2014.

Whatever the Supreme Court eventually decides on that constitutional question, the so-called “individual mandate” is an unprecedented expansion of government power.

The government has long claimed the power to coerce you not to act in specific ways.  In other words, the government says “You can’t do X.”  This happens, for example, when a law says you can’t drive above the speed limit or steal from your neighbor.

The government also claims the power to coerce you to act in specific ways, but when it does so, it rarely says “You must do X.”  Instead it says, “If you choose to do X, you must do X in a certain manner.”  For example, if you choose to build a house, you must comply with building codes.  Or it says, “If you choose to do X, you must do Y as well.”  If you choose to earn taxable income, you must file a tax return and pay a tax; or if you choose to drive a car on public roads, you must purchase auto insurance.

Until now, the only time the federal government has flat out said “You must do X” has been in the case of military conscription.  In that case, the government coercion has had nothing to do with a choice you’ve made.  It has applied merely because you reside in this country. (State laws requiring the education of children are similar.)

The Obamacare individual mandate is like military conscription.

The government coerces you to act in specific ways (purchase health insurance) merely because you are a citizen.  You cannot make a choice to forego certain activities and avoid the government coercion.

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