In this 1994 dated document from the CBO, they found no precedent for the government to impose a duty, such as a health insurance mandate, on individuals as members of society.
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. Federal mandates that apply to individuals as members of society are extremely rare. One example is the requirement that draft-age men register with the Selective Service System. The Congressional Budget Office (CBO) is not aware of any others imposed by current federal law.
Let’s take this one step further. Suppose it was mandated by Congress that you may only purchase your food from government, and you must have government issued gruel coupons in order to get your rations. Would you think that would be Constitutional? If so, think again.
