5. We also believe the health-care law is unconstitutional. Thecenterpiece of this law is an individual mandate requiring virtuallyall Americans to purchase health insurance or pay a fine. We stronglybelieve that the Commerce Clause of the Constitution does not giveCongress the power to force individuals to purchase a private productor face a fine. Requiring individuals to purchase something simplybecause they are alive is unprecedented. The military draft is the onlyexception to this, and Congress's authority to enact the draft isprovided for in the Constitution, unlike this mandate.
Theindividual mandate imposes unique burdens on those small businesspeople, including many NFIB members, who are sole proprietors and theleast able to afford it. These independent men and women rarely canafford to distinguish between their own "personal" resources and thoseof their business.