Question

Anti injunction act vs the constitution act: Does congress have the power to mandate and regulate things, such as health insurance based on the interstate commerce clause if the penalty is a tax? Are individual mandates, inner state commerce and medicare expansion unconstitutional?

Answer 1

Yes, congress has the power to tax and spend on the citizen and general welfare. Interstate commerce is regulated by congress and it is the primary source for most health care legislation of constitutional authority.

Congress has the power to regulate health care issues under the powers to regualte inerstate commerce. In COBRA act 1986 it diecatly regulated health indurty by imposing the mensaotry continuation of hgealth insurence for indicuas who lose their job related health insurance benefits.

In 2011, one out of four federal appellate courts stated it as unconstitutional, two validated the individual mandates, and fourth stated that the federal anti injunction act do not allow the issue from being chosen until the taxpayer started paying the penalties in the year 2015.

In June 2012, the court upheld the decision that medicare expansion is not constitutionally cohesive due to the risk of losing medicare funds if program is not expanded.

Congress can regulate intrastate or inner commerce under the tenth amendment of the constitution. That is why is constitutional.