I just saw this New Republic article by Einer Elhauge which points out examples of individual mandates passed by our US founding fathers:
- In 1790 the first Congress (with 20 founders) passed a law requiring that ship owners buy medical insurance for their seamen. George Washington signed it into law.
- In 1798 Congress (which included five founders) passed a law requiring that all seamen buy hospital insurance for themselves. John Adams signed this legislation.
Will our Supreme Court judges use these examples when reviewing the Affordable Health Care Act?