A scholarly article dated December 9, 2009, article by Randy Barnett , Nathaniel Stewart and Todd Gaziano called “Why the Personal Mandate to Buy Health Insurance Is Unprecedented and Unconstitutional.”  Here is the summary of the article:

“A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States. An individual mandate would have two features that, in combination, would make it unique. First, it would impose a duty on individuals as members of society. Second, it would require people to purchase a specific service that would be heavily regulated by the federal government.”