President Obama's Health Care Mandate Violates the Constitution

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Attorney R. Tamara de Silva Releases White Paper ( On Why Patient Protection and Affordable Care Act (“PPACA”) mandating that individuals purchase private health care, violates the United States Constitution.

According to the article, found at , there is absolutely no precedent for Congress using the Commerce Clause to enforce a purely economic mandate. All previous government mandates of individual behavior that have an economic consequence primarily affect an American’s responsibilities as a citizen with the United States. The government’s mandate of a draft, filing a tax return and serving on a jury, all affect a citizen’s interaction with the government itself and affect how government defends itself and operates. However, mandated health care would affect and mandate that every citizen interact with a private company-a requirement never before asked by the Government under the Commerce Clause.

Attorney R. Tamara de Silva argues that “The Obama administration's defense before the Eleventh Circuit asserts that by merely breathing, individuals affect interstate commerce, ‘and therefore Congress may regulate them at every point of their life.’ This argument would seek to expand Congress’ powers under the Commerce Clause beyond current law and give the Federal Government absolute unfettered power to regulate any activity that had but the most tenuous connection to interstate commerce-an unprecedented and unconstitutional expansion.”

More information and white paper can be found at:

More information can be found online at

R. Tamara de Silva
Law Offices of R. Tamara de Silva


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