The Independence Institute in Colorado has an update on the constitutionality of health care and taxes:
Is the Power to Tax Infinite? Under Article 1, Section 8, of the United States Constitution, Congressional powers are laid out in no uncertain terms. It lists only the things that Congress is allowed to do. The list is not a suggestion of things it might want to consider doing, nor is it an unfinished list of things that Congress can do in addition to many other things. The list is clear: you may do these things, and these things ONLY. Unfortunately, Congress has undoubtedly taken on a large collection of powers that were never intended or authorized by the Constitution. (If we were to take the Constitution seriously, we’d have to get rid of most of the Federal alphabet soup agencies we currently have). Research Director, Second Amendment warrior, Constitutional authority, and office whipping boy Dave Kopel wonders whether the passing of Obama Care codifies Congress’ ability to tax without end. Or as Dave puts it: “Is the power to tax infinite?” One of the many Constitutional arguments against this health care takeover is the fact that we citizens will be punished – a.k.a. taxed – for NOT engaging in commerce:
…the people’s grant to power to Congress to regulate commerce among the several states does not include the power to compel people to engage in commerce.
So Obama wants to tax me for being a consumer and for NOT being a consumer? I can’t win! Does this mean that I can ask the state to tax people for NOT watching my current affairs TV show Independent Thinking? (For the few of you who do not watch my show on Friday nights, watch out, I’m coming for you)! I highly recommend reading the rest of Dave’s Volokh Conspiracy article for a more in-depth analysis of this particular Constitutional argument against Obama Care.