“So DOJ attorneys have decided to apply the “necessary and proper” clause which provides congress the authority to make all laws “necessary and proper for carrying into execution the enumerated powers of congress,” such as the power to regulate commerce!”
If no commerce was engaged in by Americans there is no necessary and proper clause application. Furthermore...congress does not have the enumerated power to compel us to purchase anything.
Maybe Scalia will see it that way, maybe not...
...the authority to enact laws necessary and proper for the regulation of interstate commerce is not limited to laws governing intrastate activities that substantially affect interstate commerce. Where necessary to make a regulation of interstate commerce effective, Congress may regulate even those intrastate activities that do not themselves substantially affect interstate commerce.
Scalia concurring in Raich