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Perhaps it would be clearer to say that obamacare is not constitutional because of the commerce clause, but because of the powers of taxation.
It's not "unconstitutional" under any clause, it's just a matter of finding the applicable clause. I imagine the Court would have said the same thing if they had tried to defend it on the right to bear arms grounds. Sure you may need your health in order to shoot a gun, but what has that to do with anything?
Healthy to shoot? Not all that necessary -- I've shot quite well with a fever over 100 F, and with a sprained ankle; if health sufficient to shoot well were the standard, we could tear down half our hospitals.


























