Insurance mandates are not a tax and therefore are outside of constitutional powers. Randy Barnett, a Georgetown University law professor, claims that health insurance mandates are not a tax, and therefore falls outside congressional power. “You're fining people for failing to enter a private insurance contract.”(3)  Moreover, as Peter Urbanowicz and Dennis G. Smith argue: “the question of whether the compelled purchase of health insurance constitutes the 'taking' of private property under the Fifth Amendment. Given the novel nature of the individual health insurance mandate, a Fifth Amendment challenge can be expected. Requiring a citizen to devote a per-cent of his or her income for a purpose for which he or she otherwise might not choose based on individual circumstances could be considered an arbitrary and capricious “taking” no matter how many hardship exemptions the federal government might dispense.”(6)  Regarding the “general welfare” arguments adduced by side opposition: The words 'general Welfare' show up in the first line of Article I, Section 8: 'The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States'. Significantly, Notice the Constitution does not say the 'general welfare of the citizens of the United States.' It says "general Welfare of the United States.' This clause only gives the Congress the power to raise money to defend the country and pay for the day-to-day operations of the government. It says nothing at all about building bridges to nowhere, or paving bike paths, or spending money on any other kind of pork barrel project, including health care.(13)