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Originally Posted by mpholland
I have never denied that it probably worked out for the best. I just don't like the way it was implemented or the reasoning used to by the SCOTUS. I just fear now that there may be precedent set for future cases.
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The appropriate vehicle for upholding the ACA would have been the Commerce Clause. The Constitution gives Congress the power to regulate commerce. When an industry consumes 17% of the economy, it undoubtedly affects commerce. This Court dislikes the Commerce Clause. It was politically opportune for the CJ to call the provisions of the ACA a tax, and uphold it on that basis. That being said, I don't see it as a dangerous precedent for the Court to recognize the unquestionable power of Congress to impose taxes.
Regards,
D-Ray