Private property can only be taken for public use. Public use is NOT the same thing as public purpose (in other words, anything a government official wants to do). Public use means for things like schools, roads, the military, etc., not handouts or insurance for private parties (aka other citizens).
The income tax amendment gives the government the right to pretty much confiscate as much of our income as they wish. There’s no limit. The 16th Amendment allows private property (income) to be taken, but it doesn’t override the requirement that property can only be taken for a public use.
I think that’s why Justice Thomas was so concerned about the definition of “public use” in the Kelo dissent. If public use is distorted to mean doing anything a politician wants to do, as in “public purpose” then there is nothing that government can’t do.
As Mark Levin likes to ask, where does government power stop? Democrats should be asked, what can government NOT do? Are there any restraints left, or can a political majority literally implement anything it pleases with or without public support?
Agree with you on this but the mandate to buy health insurance is not a tax. And if I then had to pay a penalty, confiscating my money would not be the same as taking it for public use. It would be unreasonable seizure.
“As Mark Levin likes to ask, where does government power stop? Democrats should be asked, what can government NOT do? Are there any restraints left, or can a political majority literally implement anything it pleases with or without public support?”
The Democrat answer is NO! Government power is unlimited.