This does makes me wonder. How did Congress manage to mandate participation in Social Security and Medicare?
I do recall reading on FR (I don't have a link) that SS was first designed as insurance to be purchased, but they couldn't get required purchase to pass Constitutional muster, so they made it a tax.
He has a JD from Harvard and nneds to consult the Constitution ? Do they still teach constitutional law at Harvard ? Not that it's used much in DC.
I think this will be the most effective way to challenge the Health care bill. A class action suit of all 56% of those who don't want the Feds to run healthcare.
It's a tax, not purchase of a product or service, why so many of us have been tearing our hair out at the taxation of Social Security benefit dollars, tax on already taxed money is as un-Constitutional as you can get.