[Ken H]

Madison on I.8.1:

A power to impose unlimited taxes for unlimited purposes could never have escaped the sagacity and jealousy which were awakened to the many inferior and minute powers which were criticised and combated in those public bodies.

http://press-pubs.uchicago.edu/founders/documents/a1_8_1s27.html

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Roberts on I.8.1:

The Federal Government may enact a tax on an activity that it cannot authorize, forbid, or otherwise control.

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Are those two views of I.8.1 consistent with each other, in your opinion?

[gusopol3]

Thanks for the background; the Randy Barnett (actually Philip Klein)article I posted the other day said Roberts relied on flimsy reasoning, thanks for showing how. I never agreed, BTW, with the decision;I’ve just said I was glad it was labeled a tax.Perhaps the stronger part of the opinion was in showing the mandate is not allowed under the commerce clause?