The federal government built the roads, so they had the power to set the rules for the roads.
The had the power to build the roads under the interstate commerce act, and also because the roads were deemed important for our national security, to ferry troops and munitions around the country.
But they never tried to require citizens to drive on the roads.
The problem is, they can easily word this in a way that makes it totally like something they’ve done before.
For example, they could simply pass a “medical care tax”, that applies to all Americans. Every person would pay the medical care tax, so it would be “constitutional” in the same way other taxes are constititional.
Then, they could pass a bill giving tax breaks to people who purchase insurance. They give tax breaks for all sorts of stuff — home insulation, child care, hybrid cars, attending college.
In the end, you would buy insurance, or else “pay the tax”, effectively giving the same result, but using widely accepted practices.
So while i totally agree that they have no constitutional authority to do this, We let the cat out of the bag a long time ago when we supported tax breaks for people doing “government favored” activity, like getting married and having children.
This is why I believe they made this a tax. And why Obama, who clearly doesn’t understand the constitution, sounded stupid when he said it wasn’t a tax — he thought they could simply make it a crime not to have health insurnace, but some staff member knew the way to do this we through the tax code.
Great points. Government play us just like the drug dealers play us. Give us something, but hide the long run cost and consequences. By the time the true cost becomes apparent, it’s too late.