Regulation of interstate commerce is not ‘the camel nose under the tent’, it is not ‘Archimedes lever that can move the world’, it is not a hammer that turns all problems into nails. It is a provision for Congress to mediate between the States in regards to regulating commerce.
It is well beyond time that the SCOTUS reigns in this abuse of the commerce clause such that there is NO activity by any citizen in any State that is theoretically free from Congressional regulation for its potential and/or tangential effect upon interstate commerce.
I think I have heard several plausible counts in making the law unconstitutional.
The 9th and 10th Amendments - not an enumerated power of the federal government.
The 10th Amendment - unfunded mandates.
The 13th Amendment - involuntary servitude forcing the purchase of insurance.
The 5th Amendment - taking property without just compensation.
Special deals made to pass tantamount to bribery.
Violates the Commerce Clause as it regulates a non-transaction (not buying insurance) [the flip side of the 5th Amendment I guess]
This is a punitive tax and therefore a revenue gainer and should be proposed in the House, not the Senate. [Congress could evade all constitutional limits by taxing anyone who doesnt follow an order of any kind]
I have heard all these tossed about and it will be interesting to see if the USSC will at least rule on one of them. Favorably to the citizens of this country.