On John Roberts' Decision

I still haven't found enough time to study the Supreme Court decision on health care.

But, I do take a moment to state what probably has been obvious to some. The ruling was that the Affordable Health Act's Individual Mandate was Constitutional under the taxing powers. But, in offering the majority opinion, Justice John Roberts said the Individual Mandate was not justified by the Commerce Clause.

I say, just because you have the right to tax does not give you the right to create the program for which taxes are to be collected. If that logic is used, any program or policy can be created, as long as there is a tax for it. You might argue that the Individual Mandate wasn't the whole of the program, but it was just the taxing part. I say otherwise. The Individual Mandate was a requirement that people have insurance. Requiring insurance requires a program to administer the policy. How taxes are collected for it is a separate matter. The Affordable Care Act provided for both. It provides the Individual Mandate and it provides the "tax" upon people who do not comply. That the Mandate exists on its own merit, even without the tax, means you cannot say the Constitution's giving taxing power to Congress means the Individual Mandate program can be created.