Oh I don't know, it worked great in the National Firearms Act. They called that a tax measure, and got away with it. And that one is a clear violation of a provision of the Bill of Rights, since taxing a right clearly is infringing on it. (When the tax is only upon exercise of that right, not part of a more general tax. For example, from an actual court case, a sales tax on all sales, not just of newsprint.)
We cannot depend on courts. Besides there is a good chance Obama-Romney would implement it anyway if its struck down.
Okay, so the socialized medicine thingy is, maybe, or might be somewhat unconstitutional. Well grow up! This is not brain science! Whatcha gotta do is to
remember that the The U. S. Constitution is a LIVING document! All it takes to change it is to get a left-leaning-liberal to replace one of THE NINE SUPREMES. (REALLY easy to do these days).
However, whatcha need to do is find a Federal law that is rarely used and whup it on ‘em! Yes indeedy, I am talking about the Federal Anti-Trust Laws!!!!!
One of the many tests of the Sherman Anti-Trust Law pertains to fair competition. Another test pertains (I love these $3 words) to competitive pricing. Another to trade across State lines, etc.
Just sayin’ -— any lawyers on FR needin’ to make a name for themselves?