In a recent decision , the Supreme Court unanimously emphasized that constitutional constraints on federal power protect state rights as well as `` the liberty of the individual . '' Ilya ##yev says Supreme Court should find Obama health care plan unconstitutional . He says commerce clause argument flawed , gives huge regulatory power to Congress . He calls tax - clause argument also a mistake , saying failure to insure brings penalty , not a tax . Note : Necessary and proper argument could allow Congress to justify any mandate .
Ilya ##yev says Supreme Court should find Obama health care plan unconstitutional . He says commerce clause argument flawed , gives huge regulatory power to Congress . He calls tax - clause argument also a mistake , saying failure to insure brings penalty , not a tax . Note : Necessary and proper argument could allow Congress to justify any mandate .