Why Is Health Care Reform Unconstitutional? 
The argument being made for the Affordable Care Act -LRB- ObamaCare -RRB- being unconstitutional essentially boils down to whether the United States Constitution gives the Federal Government the legal authority to compel citizens to purchase a product or service . The powers of what the Federal Government can do are -LRB- supposedly -RRB- strictly defined in the U.S. constitution with all other powers not granted to the Federal Government being granted to the individual states . There is also the issue of whether the Federal Government under its authority to regulate interstate commerce can coerce a citizen into engaging in an economic activity within the confines of their own state . This is where the argument regarding the `` individual mandate '' comes into play . Can the Federal Government penalize someone for not engaging in an economic activity , in this case refusing to purchase health insurance ? I would refer you to the United States Constitution -LRB- It 's a surprisingly short read -RRB- to make your own judgment as to whether the Affordable Care Act -LRB- ObamaCare -RRB- is in compliance with our government 's owner 's manual . 