In an interesting article over at the New Republic, Harvard Law professor Einer Elhauge presents evidence that the individual mandate put forth by the Affordable Care Act is not only constitutional, but three similar bills forcing citizens and business entities to purchase guns and health insurance were passed by Congress early in American history. A good number of framers of the Constitution were part of the early legislative bodies of the republic, and the laws in question were passed with little resistance from the men who formulated the document that serves as the bedrock of our country (and no evidence exists showing that their objections were based on constitutionality). Additionally, two of the mandate bills were signed into law by the father of our nation, George Washington. The third was signed by John Adams.
The evidence put forth by Mr. Elhauge certainly calls into question any argument that seeks to challenge the constitutionality of the ACA mandate on the grounds of original intent. Read the whole article here.