The SCOTUS via a series of horrible decisions has essentially gutted the vast majority of Constitutional protections via the Commerce Clause.
Basically anything you do *can* have an impact on interstate commerce thus the govt can regulate it. You growing tomatoes in your backyard can affect the interstate price of tomatoes thus a law banning backyard gardens would be Constitutional (under SCOTUS current interperation).
The sad thing is some on DU don't think this goes far enough. The "logic" with mandate (HCR) is that NOT DOING SOMETHING affects interstate commerce and thus can be regulated.
So if the lawsuit against mandates fail we will have the situation that.
Anything you do, or don't do affects interstate commerce and thus can be regulated. In essence the govt can do anything via this giant hole called the Commerce Clause and the Constitution is merely this quaint old piece of paper.
Of course those cheering for mandates don't realize the huge implications this will have way beyond HCR. Take for example if Microsoft convinced (lobbied) the government that it is in the country best interest for force consumers to use Windows OS and be forced to upgrade to each version that would be Constitution.
Buying another OS affects interstate commerce - Check good w/ Commerce Clause. Not buying any OS or not buying upgrades (inaction) - Check good w/ Commerce Clause.
The govt could force under any penalty that can be found to be reasonable (not cruel and unusual) you, me and every citizen to purchase windows OS and every single upgrade until the day we die.
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