The revised individual mandate is invalid for virtually identical reasons. The Constitution grants Congress the power to “regulate Commerce.” Art. I, §8, cl.3. This Court stated that “[t]he power to regulate commerce presupposes the existence of commercial activity to be regulated.” Sebelius at 2586. The individual mandate, when it was presented, was not a part of existing commercial or economic activity. The purpose of the individual mandate was to compel people to purchase health insurance. As…
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