Is there anything to celebrate this Fourth of July? Not much. Maybe there will be cause for celebration in November. But I'm not sanguine about that either. Our founding documents have become merely ornamental. They are interpreted to mean whatever those in power want them to mean.
The Commerce Clause is to be found in Section 8, Article I, of the U. S. Constitution. It reads," The Congress shall have Power to regulate Commerce with foreign Nations, the several States, and with the Indian Tribes."
Congress, then, has the constitutionally-based power to regulate interstate commerce. But it seems to this concerned citizen -- who is no constitutional scholar -- that one cannot regulate what does not exist. If there is some interstate commerce taking place between, say, California and Arizona, then congress by the above clause has the power to regulate it. But if no commerce is taking place, then there is nothing to regulate. Now if I choose not to purchase health insurance, then my not buying it is surely not a bit of commerce. So there is nothing to regulate, and my non-buying does not fall under the Commerce Clause even if, by some argumentative stretch, the buying of health insurance involves interstate commerce.
Or do you think something can be regulated into existence? Can my buying of health insurance be regulated into existence? The very notion is incoherent.
Ah, but "The Congress shall have Power to lay and collect Taxes . . . ." (Section 8) and so all we have to do is call the Obamacare individual mandate a tax, and we get what we want. After all, the PoMo Prez and his enablers can use words to mean whatever they want depending on what promotes their agenda.
The underlying principle here is the lack of any principle limiting governmental expansion. The essence of the totalitarian Left -- and of course the Left is totalitarian by its very nature -- is the lack of any limiting principle. And so, if the individual mandate cannot be rammed through via specious reasoning from the Commerce Clause, then some other justification must be found, however specious and mendacious it may be. Instead of evaluating for constitutionality a law that is presented for evaluation, one can simply rewrite the law, changing the mandate to a tax.
It is interesting to speculate as to what caused Chief Justice Roberts to cave to the Left. My man Prager adduces the power of liberal intimidation.