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Politics : Politics for Pros- moderated
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To: simplicity who wrote (493359)6/29/2012 7:31:32 AM
From: carranza29 Recommendations  Read Replies (3) of 793896
 
I have not yet gotten to that passage but it captures exactly what I think.

IMO the Taxing Power justification is extremely dangerous because all Congress has to do to validly enact a dodgy law, one which would otherwise not pass constitutional muster, is to add a penalty/tax to it as a pretext, then not take steps to collect it. Coupled with the affirmation of the interpretative doctrine requiring a court to bend over backwards to validate a law against constitutional challenges, Roberts gave congress a simple road map to follow for essentially doing anything it wishes to do.

I don't agree with the numerous blogs and talking heads who suggest that the opinion is a marvel of conservatism. It simply shifts one tired justification - the Commerce Clause - for another.
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