When I wrote in the long post just below that I had not found any Democrats in the Congressional Record calling the individual mandate a tax on the floor of either house, maybe I was relying on the wrong search terms. John Hinderaker at PowerLine has a very good discussion of the often heavy reliance of the Democrats on the taxing-power rationale, and he concludes, respecting the chief justice’s opinion, that it “seems like a reasonable conclusion under existing authorities.”
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About the Author
Matthew J. Franck is a senior fellow at the Witherspoon Institute, a senior contributing editor of Public Discourse, a lecturer in politics at Princeton University, and professor emeritus of political science at Radford University.
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