Yes, the individual mandate is legal...

[elfs]

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years shall, within six months, 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, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder. - The Second Militia Act of 1792.

If an individual mandate was legal for George Washington, it's legal for Barack Obama.

Comments

[(Anonymous)]

I read excerpts from the debate on whether individuals or the state should provide the militia's arms, and I don't see any discussions of legality, just practicality. In other words, they were debating whether it was a dick move, not whether it was constitutional.

In fact, the only mention of constitutionality I can find with a quick search talks about whether it's a violation of religious freedom to require Quakers and conscientious objectors to purchase arms or pay a penalty.

Can you give a link to some specific quotes that show that the constitutionality of the individual mandates in the Militia Acts was ever in question?

Number 127

[wendor.livejournal.com]

No problem. Was in a hurry earlier and didn't have time to transcribe all I would have liked to.

I'll try to get you page numbers and quotes later when I have time to run back over to the library and grab the book again. Availability shouldn't be a problem. (Though the fact that no one but me has asked for it in the last two years is a sad commentary in and of itself)

[wendor.livejournal.com]

Ok, had some emergencies come up and it took me longer than expected to get back to the library.

After reviewing a much larger section of the debate I'm forced to concede that it isn't clear whether the objections were due to practicality or legality.