That's an excellent point smc about the subjectivity of determining the supposed "Constitutionality" of things not explicitly granted or forbidden to the government. Personally, do I think it's wise governance to go mandating the purchase of certain independent, third party products/services? No, not really. However, reading our current Constitution also does not lead me to feel such regulation is outside the realm of what Congress can legally do.
The commerce clause reads pretty broadly to me-- and it has been interpreted in such a way historically. For anyone (aka. Tracy) who feels that this is such an obviously unConstitutional issue, I want to know why you feel that the precedent of Wickard can be ignored in this case? Some of the Supreme Court justices were mockingly asking questions if the Affordable Care Act's logical conclusion was that the government could mandate buying broccoli, etc. Personally, I don't think it matters if this is the end conclusion of such "mandates." I find that such market regulation to not be forbidden by the Constitution.
I take it that Tracy finds the individual mandate repulsive because it "mandates" the purchase of insurance through the use of coercive penalties (taxes?). Whether this is Constitutional or not has yet to be determined. But you can't deny the broad power to tax, can you? Congress has the power to tax income via the hallowed Constitution. It would be perfectly Constitutional for Congress to levy a healthcare tax on EVERYONE...Then offer an offsetting tax credit to anyone that holds an acceptable health insurance policy. This would have the same income effect-- people would be financially incentivized via the tax code to purchase insurance. However it would not selectively impose a penalty?/tax? on someone who chooses to not do something (even though the private insurance market routinely penalizes market participants for inaction).
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