Silver bullet from U.S. states kills 'mandatory' Obamacare

"A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action," the CBO report stated. "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."

Opponents say the individual mandate is unconstitutional because the Constitution doesn't grant the federal government power to fine citizens for refusing to purchase goods and services. Ken Klukowski, senior legal analyst with the American Civil Rights Union, explained in a Politico commentary why there is no constitutional basis for the individual mandate.