Apr 8, 2012
by David A. Walsh
The acrimony over the Affordable Care Act (ACA) has now (perhaps inevitably) drawn in the Founding Fathers. Writing for Slate, Yale Law professor Akhil Reed Amar cited the 1792 Militia Acts as a legal precedent that Solicitor General Donald Verrilli, widely criticized for his bumbling under the onslaught of questions by the conservative justices on the Supreme Court, should have cited. The Militia Acts have their own individual mandate:Each and every free able-bodied white male citizen...who is or shall be of the age of eighteen years, and under the age of forty-five years...shall...be enrolled in the militia....Every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch with a box therein, to contain not less than twenty four cartridges....” [emphasis added]