That power is limited to times of national emergencies and/or insurrections. It's been generally held that the president can set aside constitutional protections during these times, it's not a perpetual arrangement.For an interesting perspective, read the Second Militia Act, which posed an individual mandate for all males of a certain age to purchase firearms from a private-sector manufacturer. This Act has remained unchallenged in the courts for over 200 years, giving further credence to the thought that this AHA lawsuit is nothing more than pure politics on behalf of the right-wing.
Apples and oranges, in other words.
The portion I have referenced is the first paragraph of the 2nd Militia Act, passed 8 May 1792.
The "times of national emergencies and insurrections" qualifier applies to the 1st Militia Act, passed 2 May 1792, which gives the President power to mobilize militias.
Regardless, the 2nd Militia Act imposes an individual mandate. Apples and oranges, indeed.
http://www.constitution.org/mil/mil_act_1792.htm
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