"But even if the mandate is necessary, it is not "proper." The court has previously ruled that these are two separate requirements and both must be met.
What makes a federal law "proper"? At the very least, a proper law cannot depend on a rationale that gives Congress virtually unlimited power.
As James Madison said: "Whatever meaning this clause may have, none can be admitted that would give an unlimited discretion to Congress." If the "necessary and proper" clause allows Congress to adopt the individual mandate, the same logic would justify almost any other mandate. Virtually every mandate has some economic effect and could be portrayed as a "useful or convenient" way to regulate some market. A broccoli mandate could be defended as an effort to regulate the market in food. The threat to liberty raised by this case isn't just theoretical. Many industries would be happy to lobby for laws requiring people to buy their products, and Congress has a long history of enacting special-interest legislation. In a recent decision, the Supreme Court unanimously emphasized
This is an older article that still represents my thoughts from before---Congress, as the Founders wanted---did not want the Gov enacting legislation that would 'force' the people to buy business products!!! ..Let alone charging them a penalty fee (that are illegally calling a tax so they can get away with it!!!!) for not paying the involved businesses!!
Trumpcare likely followed suit that Obama and Wall St. started by having a replacement. At any rate, this is forcing us to buy broccoli!!!!! ..and forcing us to pay an increasing opt out fee, that in-time, will likely be as much as buying that broccoli !!!!!!
As James Madison said, again, to the effect: no matter the meaning of the clause, none would give unlimited discretion to Congress! Absolutely!!!!!
Everything is about money--commerce--everything.
Where were SCOTUS's brains when Obama pulled this fast one???? ...I know, but the lights are off down and up there. https://tse2.mm.bing.net/th?id=OIP.s-zJUvvLWqRzmO1pveuceQECEs&w=149&h=172&c=7&qlt=90&o=4&dpr=1.5&pid=1.7 ...Or, maybe they were eating broccoli, thought we should all be forced to buy it and eat it, then decided to not bother checking the Constitution to see that Madison, one of the founders, said that Congress should never be allowed to pull a fast one--using "discretion". The Tenth Amendment, folks--We the people are not to be forced by the Feds to buy ANYTHING. Or pay an 'increasing opt-out fee!!!!!--that they lie about calling it a tax!!!!!! They did that because Congress can't charge fees---and is unConstitutional forcing us to buy anything that is a 'product' from a business!!