this issue does not turn on the commerce theory...
it turns on the power to tax.
The federal government has broad powers to tax.
The mandate and its related "penalty" can be restated as follows:
It is not a mandate...not a penalty...it is simply...wait for it....
a tax and a related tax credit. Here is how it works:
Everyone pays a tax to help pay for the costs of health care. People who have health insurance help reduce the cost of health care and therefore they get an offsetting tax credit.
Result : those not owning health insurance pay a tax... the rest of the people don't.
this is what Obama just enacted. a tax and a tax credit. not a penalty and a mandate.
This is why IRS will enforce it, and this is how this issue will be settled in courts in the favor of Obama.
End of issue - now what is so hard????