The Constitution gives the federal government seventeen specific powers and reserves all other power to the states and the people. Of the seventeen powers the feds have, three relate to regulating the seas, so clearly the founders intended for the federal government to regulate the seas. Another of the seventeen is regulating interstate commerce. Thus it was proper for them to regulate merchant shipping in interstate commerce. That's one of the few things the founders intended the feds to do.
Six of the seventeen powers mention raising and organizing the militia, so again having men competent with arms is clearly one of the few things the Constitution authorizes the federal government to do.
Where in the constitution do you see "make people buy health insurance"? It's not there. The court's decision says they labored to to find some way, ANY way, to upload the law, and the only way they could find to do so was by dating the mandate isn't a mandate, but a tax. That posed a couple of other problems because it would have been an ILLEGAL tax, so in the first few pages they ruled that it's NOT a tax, then ruled that it is, kind of. That's the only way the Supremes found that it could be constitutional, by ruling that:
the mandate isn't a mandate
it's not a tax
it's a tax
That must have been hard, if the best they could come up with is "it's not a tax but it's a tax".
|