(1) The individual mandate of the Act its a valid exercise of Congress’s power to tax and spend.
The Commerce Clause gives Congress broad power to regulate channels, instrumentalities, and people in interstate commerce, as well as intrastate activities with substantial effects on interstate commerce.
Congress may not compel individuals to participate in commercial activity under this provision.
The individual mandate does not regulate existing commercial activity. Instead, the mandate compels individuals to become active in commerce by purchasing a product on the ground that their failure to do so affects interstate commerce.
The mere possibility that individuals will participate in commercial activity at some point in the future is not enough to justify regulation under the commerce power.
Obesity has contributed more to rising healthcare costs than the uninsured, but the federal government cannot compel people to buy vegetables.
Next, the Necessary and Proper Clause gives Congress power to take actions incidental to the valid exercise of some enumerated power.
This clause alone, cannot justify the individual mandate. Nevertheless, It is reasonable to construe the individual mandate as increasing taxes on those who have a certain income, but choose to go without health insurance. Thus, the individual mandate is within Congress’s power to tax.