“In this article, we briefly explore the range of meanings that attach to the term ‘unconstitutional,’ as well as the problem of determining the ‘constitutionality’ of a lengthy statute when only some portions of the statute are challenged. We then, using ‘unconstitutional’ to mean ‘inconsistent with an original social understanding of the Constitution’s text (with a bit of a nod to judicial precedents),’ show that the individual mandate in the PPACA is not authorized by the federal taxing power, the federal commerce power, or the Necessary and Proper Clause and is therefore unconstitutional.”
