“Goldwater was right as we saw recently with another power grab under the Commerce Clause, Obamacare.”
Obamacare was NOT ruled constitutional under the commerce clause. Roberts said it was constitutional because the mandate penalty was under the taxing power.
Yeah, Roberts pulled the tax dodge. But he might as well have voted for it under the Commerce Clause because that is the effect of his vote. The legislation stands and Congress got away with it.
And the power to levy a tax on not complying with a federal rule (it has no delegated power to make) is found where?