Congress' authority is being challenged in several other cases as well, since under the Obamacare interpretation of the provision, not purchasing a health insurance product is deemed to be economic activity impacting interstate commerce.

The Liberty University appeal focuses largely on the merits of the claim, and the appeal comes just as members of the U.S. House of Representatives are planning a vote to repeal the law.

"Congress is seeking to extend its power far beyond any prior precedent by requiring that, with few exceptions, all individuals and all employers of 50 or more people obtain and maintain what is termed (but not defined) 'minimum essential coverage' for themselves and/or their employees," the appeal explains. "Congress has not defined 'minimum essential coverage,' except to say that it must at least include ambulatory patient services, emergency services, hospitalization, maternity and newborn care, mental health and substance use disorder services, including behavioral health treatment, prescription drug coverage, rehabilitative and habilitative services and devices, laboratory services, preventive and wellness services, chronic disease management and pediatric services, including oral and vision care."

The appeal says Liberty University and its employees will be faced with the choice of following the government's orders and violating their religious beliefs or following their religious beliefs in violation of Obamacare.

Such a dilemma creates "real and substantial threats not only to plaintiffs' constitutional rights, but to the liberty of all Americans. The district court reached far beyond the outermost boundary of the Supreme Court's Commerce Clause precedents and crafted an expansive definition of congressional power that, if permitted to stand, will create an unconstitutional national police power that would threaten all aspects of American life."

The brief warns, "Simply because Congress stated that the total incidence of decisions against purchasing health insurance has a substantial impact on the national market for health care does not, as the district court believes, make it so.

"If the district court's view of the commerce clause were true, then Congress could force those who dislike vegetables to purchase and consume them using the rationale that everyone has to eat, and vegetables are more healthful than fast food. There are some things Congress simply cannot do. The mandates are beyond the power of Congress."

The case is one of more than a dozen that challenge Obamacare's constitutionality. Several others already are headed toward the appellate level.

Analysts believe the issue ultimately will be determined by the U.S. Supreme Court, and the Liberty University case, with the 4th Circuit filing, could bring that one step closer.

A judge in a Michigan-based lawsuit also ruled that Obamacare is constitutional, but there's already a conflict, as a Virginia judge ruled it is unconstitutional.

Liberty also raised the issue earlier of the dozens of exemptions granted to favored companies by the Obama administration to the requirements of the law.

The exemptions were sought by a long list of companies, including McDonald's, that provide "mini-med" coverage for minimum-wage and part-time workers.

Talk radio host Rush Limbaugh described the move as a series of "pardons."

The conflict arose because plans, such as that provided by McDonald's, reached a maximum benefit of $2,000 per year. That type of plan is banned by Obamacare.

But Liberty University in Lynchburg, Va., which has thousands of people covered by health insurance, said the special treatment was out of line.

"President Obama's administration has temporarily exempted the United Federation of Teachers, a key political backer of President Obama, from certain provisions of the health-care law," said a statement from Liberty Counsel, which is handling the case.

"These temporary exemptions relieve these firms from new health-care standards that are being imposed on countless other companies around the nation. The fact that these waivers needed to be issued in the first place is an admission by the federal government that the health-care legislation from Congress and the president has a negative effect on businesses in this country.

"Liberty University, the world's largest Christian university, has not been given an exemption from the health-care law. It is fundamentally unfair that Liberty University will be excluded from any kind of exemption while a select group of companies will receive special treatment."

In a related effort, nearly 50,000 voices from across America are offering their encouragement to members of the U.S. House on plans to overturn Obamacare.

The campaign is a petition drive that urges members of Congress to repeal Obamacare because of several problems:

• Whereas, the Patient Protection and Affordable Care Act, approved by a narrow vote of the House of Representatives earlier this year, threatens to transform the U.S. health-care system from its roots in free enterprise and personal choice;

• Whereas, the act is unconstitutional because of its unprecedented requirement that Americans purchase a service;

• Whereas, the system the law would create is financially unsustainable, places personal medical decisions in the hands of bureaucrats and is likely to lead to rationing of health-care options;

• Whereas, the act is likely to result in forcing some 87 million Americans to drop their current health-care coverage;

• Whereas, the costs involved in complying with the law are likely to cost more Americans their jobs, inhibit the creation of new employment opportunities and suppress wages ...

The petition drive was launched by Joseph Farah, founder and CEO of WorldNetDaily, who said the results are worthy of note already.

"This is a very impressive petition, but it will be much more impressive at 100,000 or 200,000 or 1 million," he said. "We need people signing and spreading the news about this effort – news that has not been reported anywhere else except at WND."

Sign the petition opposing Obamacare.

www.wnd.com/