The Feds keep trying to defend the Health Care Insurance "mandate' (although it's not technically a mandate) in the Affordable Care Act by using the Commerce Clause. But let's take a look at the so-called mandate.
Although it does require all citizen's participation, it specifically excludes all forms of punishment except for an additional tax on those who do not participate. Therefore it is not a "mandate", it is simply a tax on those who do not voluntarily enroll in some form of either private or public health care insurance program.
Let me repeat that - it is NOT a mandate, it is a tax.
Therefore, the Commerce Clause does not apply. They should be defending it as a tax. And the Constitution specifically gives Congress the power to levy taxes in which is ALSO in Article I, section 8:
Quote:The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
THIS is the defence the Feds should be using!