This is not like "anything else." There is no precedent for the federal government imposing penalties on individuals for failure to participate in a market. To date, activity has been regulated by the commerce clause. But through inactivity, people could opt out when they judged that participation ran against their personal interests.
This aspect is new, and represents a large expansion of power. That's why this went before the supreme court.
This is not like "anything else." There is no precedent for the federal government imposing penalties on individuals for failure to participate in a market. To date, activity has been regulated by the commerce clause. But through inactivity, people could opt out when they judged that participation ran against their personal interests.
This aspect is new, and represents a large expansion of power. That's why this went before the supreme court.