“Don’t give them any ideas” may be one of the most overused phrases, but I think, despite its ubiquity, it sums up today’s Supreme Court decision quite well. And it’s why I disagree slightly–perhaps only rhetorically–with John Steele Gordon’s take on ObamaCare’s survival. John writes that the decision today “greatly expanded the taxing power” of the government by ruling the individual mandate is constitutional as a massive tax. It seems, however, that Congress really does have this expansive taxing power to begin with—John Roberts merely “gave them the idea.” It’s best to think of this less as an unprecedented interpretation of existing law and more as an unprecedented application of existing law.
But nonetheless, John’s point is sound. The Commerce Clause of the Constitution was left intact–but also made virtually irrelevant. What the Supreme Court did today was offer a ludicrously simple—and expensive—way around it. Want to force individuals to do something from which the Constitution protects them? Just add a financial penalty to it. This way, you can increase your control over people and help yourself to some of their cash.
