Two years ago, I asked where was the line that limited Congress in mandating we the people to do what they tell us to do. If Congress can mandate that we buy healthcare, why not gym memberships? Why not apples? What is the logical argument for the limit. The Supreme Court has declared that there is NO limit.
Though the individual mandate was invalidated from the Commerce Clause perspective, it was effectively upheld from the Power to Tax perspective. Wonderful. Therefore it follows that Congress cannot mandate that a citizen buy health insurance but it can assess a tax if he doesn't. It is a distinction without a difference.
As I warned in yet another posting, this is a precedent. Even if Mitt Romney wins and enough Senators are elected to overcome the inevitable Democrat filibuster to a repeal of Obamacare, that will not stop a future Congress levying a tax on citizen who don't eat broccoli. Or, for those who like this ruling, it won't stop a tax imposed on non-gun owners. Or perhaps a prohibitive tax on abortion?
John Marshall, the justice who brought about Judicial Review, said that the power to tax is the power to destroy. The John Roberts court has just given permission for Congress to tax citizens into submission. The power of the federal government just grew and freedom shrank.
No comments:
Post a Comment