This is from Wikipedia.
The Commerce Clause is an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress. It is not uncommon to see the individual components of the Commerce Clause referred to under specific terms: The Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause.
Dispute exists within the courts as to the range of powers granted to Congress by the Commerce Clause. As noted below, the clause is often paired with the Necessary and Proper Clause, the combination used to take a broad, expansive perspective of these powers. However, the interpretation of the Commerce Clause has depended on the Supreme Court's reading. During the John Marshall era the Commerce Clause was empowered and gained jurisdiction over several aspects of intrastate and interstate commerce as well as non-commerce. During the William Rehnquist court era the Commerce Clause was restricted, thereby allowing states more control over business conducted within its borders....
This is the argument of the political right wing.
...With our brief we maintain that the "individual mandate" provision of Obamacare, which requires every American citizen to purchase health care insurance or pay a penalty, is unconstitutional - whether considered under Congress' commerce power or taxing power:
Petitioners are trying to defend a provision in an act passed by Congress that exceeds its enumerated powers. Though Congress enacted this provision under the Commerce Clause, Congress' power under the clause is not broad enough to compel Americans to engage in commerce by purchasing a particular product. Though Petitioners try to rescue the provision by arguing that it is valid under Congress' taxing power even if it is invalid under Congress' commerce power, a provision of an act that is not a tax may not be construed as a tax merely to save it from being declared unconstitutional...
WICKARD v. FILBURN, 317 U.S. 111 (1942)
This is the Commerce Clause at work. The Robert's Court loves the Commerce Clause. If they could do nothing else except play all day with the Commerce Claus they will. Alito and Roberts have made their careers on the Commerce Clause.
The Commerce Clause shut down farmers growing wheat. In other words, the farmers were prohibited from making a living growing wheat. If anyone thinks there isn't an individual mandate in that they are crazy. Every 'free market' farmer was shut down. The government didn't care about their personal outcomes they wanted them to stop growing wheat. They didn't care if they went broke, lost their farms, the US Government said no more wheat and they won the case in the US Supreme Court.
Now. The Affordable Care Act ONLY fines the USA citizen as a function of THE INTERNAL REVENUE SERVICE $750.00 for not having insurance under the law. It does not jail them, it does not penalize them in any way except to fine them $750.00 annually under the collection services of the IRS. Now, I don't know about you, but, when the IRS collects money from people it is a TAX. I don't recall the IRS collecting anything else besides taxes. The IRS collects fines all the time. All the time.
So, the idea that ACTUAL events in the lives of Americans do not enter into any court decision and it is all textbook and removed from the reality of REAL APPLICATION is hideous. To believe the fines for not having health care in the reality of the cost to the country and those that actually have health care is not a tax is stupidity.
The Affordable Care Act is appropriate and necessary in the lives of Americans and the fines levied as a means to encourage people to purchase insurance, especially once the State Exchanges are established is a pittance to the actual cost to the nation of the uninsured, including the human capital of maintaining LIVING CITIZENS.
