June 28, 2012

LARRY SOLUM: The Decision to Uphold the Mandate as Tax Represents a Gestalt Shift in Constitutional Law. Those who wondered what I meant by my Lopez reference below should read this post.

Related: Chief Justice Roberts writes an opinion limiting the commerce power and the spending power.

UPDATE: Rand Simberg: If the mandate’s a tax, how can it be valid if it originated in the Senate? I thought it originated in the House, but I could be wrong.

Also, a tax repeal can’t be filibustered.

“Don’t call it a ‘mandate,’ it’s a tax!”

ANOTHER UPDATE: Justin Binik-Thomas writes: “The Senate replaced an old house bill in its entirety with what is now Obamacare. So technically it started in the house but another example of cheating.” Yes, that’s what I remembered.