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"It seems President George Washington, in his first term, did sign into law the Militia Act requiring adult males to purchase firearms in case they had to be drafted. Not a great need to do it today, but nobody challenged the constitutionality at the time."

Unfortunately, I don't have this kind of historical knowledge. If I did, I would try to include it in my arguments, though only if I were reasonably certain that I had the full story.

In fact, a law that forces people to buy guns (or a draft that forces people to fight) is a true mandate; the Obamacare "mandate" is not. Except among the wealthy, who would already have health insurance anyway, it would be cheaper to pay the "penalty" than to purchase health insurance. I can't speak for Roberts at the moment, but this is the primary reason for which I regard Obamacare as a tax. I would change my position if the "penalty" were equal to or greater than the cost of purchasing health insurance because then the law would be pretty much be a mandate in effect.

However, I am moved to defend HR, even if his latest depiction of liberalism in response to an alien invasion is ridiculous. He asked of me:

"What principle says that mandating gun purchases is unconstitutional while mandating health insurance purchases is constitutional?"

He appears to be concerned that liberals have a double standard: they claim that the Obamacare "mandate" is constitutional while a gun "mandate" would not be, yet have no clear standard for such conflicting judgments. If that is true, then liberals are indeed inconsistent.
07/14/12 @ 00:48

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