Quote Originally Posted by jiminnm View Post
This is simply not true.

The constitutionality of Social Security was decided by the SupCt in 1937 [[and Medicare would follow the same scenario). It was held constitutional, in part, because the funding is a tax related to income, pursuant to the 16th amendment. Obamacare funding is a fine or penalty for refusing to purchase insurance, a power that the Fed govt seemingly created on its own. The mandate to purchase something in the marketplace will also likely be found beyond the scope of federal constitutional power. Whether or not the remainder of the law can stand if funding and purchase mandate is found constitutional is an open issue.

The mandate to purchase auto insurance comes out of state law [[as gaz points out, it's intrastate commerce, with interstate commerce regulation belonging to the Feds). The Federal govt could not do this because it is beyond the scope of limited [[supposedly) powers granted to them by the constitution. States can do it because they are bound by their own constitutions [[unless a state constitution contradicts a right granted to the federal govt or to individuals under the Fed constitution). The 10th amendment still exists but, apparently, Congress prefers not to believe it has any importance or that federal power should be limited.

If Obamacare is found constitutional, likely nothing would then prevent the Feds from requiring auto, or any other type of, insurance deemed to affect many Americans. In fact, depending on the strength of the opinion, there may be arguments that the Feds could pretty much require other purchases and behaviors. I do not favor giving the Feds such broad powers.
Your statements validate my argument. If they find it unconstitutional then the Supreme Court ruling of 1937 will be reversed. There is no gray area in the constitutionalism of a national health care plan or Social Security Tax and Medicare Tax. It is one and the same.

If the Supreme Court strikes down the National Health Care Law, the Lawyers from the extreme right and left will attack the courts to revoke Social Security Taxes.