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.”
As far as I know, the GW clause has never been used as a stand-alone grant of power, but only in conjunction with enumerated powers. Everything a politician does can be said to be for the General Welfare.
Madison: “With respect to the two words ‘general welfare’, I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators.”
Jefferson: “Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated.”
This is going to come down to the tax power or the commerce power, or if everyone suddenly decides to join Scalia, the necessary and proper clause. I think Congress ruled out the tax route, and the judges seem to at least think that is possible. If they completely agreed with me, I expect we would have seen summary judgment. If they agreed with you, we would have two dismissals.
Do you really think it will be the tax power in the end? Or are you just messing with me again? ;)