The findings in which they say they are regulating commerce begin like this, so search your copy of the bill as passed for this text:
(a) FINDINGS.—Congress makes the following findings:
(1) INGENERAL.—The individual responsibility requirement
provided for in this section (in this subsection referred to as
the ‘‘requirement’’) is commercial and economic in nature, and
substantially affects interstate commerce, as a result of the
effects described in paragraph (2).
Thanks. Commercial AND economic. That’s SEC. 1501(a)(1) of Subtitle F.
SEC. 1501(a)(2)(e) then goes on to provide a general welfare justification, “Half of all personal bankruptcies are caused in part by medical expenses. By significantly increasing health insurance coverage, the requirement, together with the other provisions of this Act, will improve financial security for families.” (Amended later in the law to read 62% instead of half.)
Financial security. Sure sounds like the Social Security justifications.
SEC. 5000A then reaches taxation, “REQUIREMENT TO MAINTAIN MINIMUM ESSENTIAL COVERAGE INCLUSION WITH RETURN.—Any penalty imposed by this section with respect to any month shall be included with a taxpayer’s return under chapter 1 for the taxable year which includes such month.”
And under definitions and special rules, SEC. 4377 reinforces the tax component of the law, stating that, “TREATMENT AS TAX.—For purposes of subtitle F, the fees imposed by this subchapter shall be treated as if they were taxes.”
Mojave--Is your basic point that the health care mandate will survive SCOTUS review? That they will be hard-pressed to invalidate the health care mandate without touching SS/Medicare?