Thereby pointing the way to Constitutional circumvention on limitations of powers. You need no longer try to mandate an action. You just put a punitive tax on nonaction.
It is actually Medieval. You are not compelled to spend 1/3 of your days working on your liege lord's estate. You can opt out by paying half your goods and chattal, and having your comely wife spend a few nights entertaining your lord and master. It's just a tax.
“You just put a punitive tax on nonaction”
Our government levees all sorts of taxes. We may find a given tax, or the magnitude of the tax, unfair, and the Supreme Court has little involvement with taxes.
So here we have a tax on nonaction. We also have a tax on cigarettes. Do we fear that that tax opens the door to taxes on other food goods? Do we fight in court over whether it’s punitive or not?
Theoretically, our recent new “inaction” tax opens a door, but there are numerous “doors” that have been opened over the years. Limbaugh says he’s depressed because the people have no leaders they can depend on — they have only themselves now. I say “themselves” is in the final analysis all we’ve ever had. A good leader every now and then, or a leader that is occasionally good, is helpful, but “ourselves” really must do the work. Nothing wrong with that.