Friday, June 29, 2012
Roberts on Taxes: More Commentary
Michael Tanner, also of Cato, does a nice job mocking Roberts' tax "logic," and makes two very important points worth repeating here:
What Congress said the individual mandate is — an exercise of the Commerce Power — the court said is not constitutional. But what Congress said the mandate is not — an exercise of the Taxing Power — the court ruled is constitutional. Everybody got that?
This ruling has created two enormous problems for American democracy and the rule of law.
First, Roberts’ flip-flop means the Supreme Court just upheld a law that Congress did not pass and never would have passed. If Congress had called the mandate a tax, the law never would have reached the president’s desk.
Second, the Supreme Court just told Congress it is okay to lie to the people in order to get a bill passed.