Oh, Robert.  You really have to quit getting your talking points from your law professors! (lol)

Well, since you're obviously a lot smarter than me (and have a law degree), I'm just gonna defer to your legal opinion.  However, my Fourth Amendment argument is, briefly:

Since this new law says I have to go out and buy a plan or be fined, I'll have to submit to a health screening to qualify for coverage.  Now I have two options: 1) don't buy a plan and risk being fined and/or jailed for noncompliance; or 2) submit to a warrantless search of my person without ever having broken any law.  Consent is not an issue because the threat of a penalty for noncompliance is coercion and the government is not permitted use coercion as a pretext to gain consent to a search.  And since the IRS will be responsible for enforcing the mandate, a physician making such an initial examination will be acting as an agent of the federal government.

On a totally unrelated matter, did anyone else hear this quote from Speaker Pelosi?

“You’ve heard about the controversies within the bill, the process about the bill, one or the other. But I don’t know if you have heard that it is legislation for the future, not just about health care for America, but about a healthier America, where preventive care is not something that you have to pay a deductible for or out of pocket. Prevention, prevention, prevention—it’s about diet, not diabetes. It’s going to be very, very exciting.

“But we have to pass the bill so that you can find out what is in it, away from the fog of the controversy..."

Rep. Nancy Pelosi (D-CA)
Speaker of the House of Representatives
Speech to 2010 Legislative Conference of the National Association of Counties
March 9, 2010

I thought when I heard this I was listening to an SNL bit.  This would actually be funny if it weren't real.  You can't write stuff like this.

Regards,
Scott Perry