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The Chief Justices reliance on cases in which this Court has affirmed Congress broad authority to enact federal legislation under the Necessary and Proper Clause, Comstock, 560. .
203, 206 (1987) ; Fullilove.
Id.,at 161 (internal"tion marks and brackets omitted).
That statute bars suits for the purpose of restraining the assessment or collection of any tax.124, Table 37 (Dec.When a heavy federal tax is casino listing slots levied to support a federal program that offers large grants to the States, States may, as a practical matter, be unable to refuse to participate in the federal program and to substitute a state alternative.1304 Brief for Petitioners.Id., at 169; see Printz, supra, at 930.238, 304 (1936) (Mining brings the subject matter of commerce into existence.The Necessary and Proper Clause empowers Congress to enact laws in effectuation of its commerce powerthat are not within its authority to enact in isolation.Since 1937, our precedent has recognized Congress large authority to set the Nations course in the economic and social welfare realm.Since we have an entire jurisprudence addressing when it is that a scienter requirement should be inferred from a penalty, it is quite illogical to suggest that apenalty is not a penalty for want of an express scienterrequirement.See,.g., ACA 1563, 124 Stat.See,.g., Lopez, supra, at 560 (Where economic activity substantially affects interstate commerce, legislation regulating that activity will be sustained Perez, 402. .If a tax is properly paid, the Government has no power to compel or punish individuals subject.The relevant question is simply whether the means chosen are reasonably adapted to the attainment of a legitimate end under the commerce power.As we have explained, every reasonable construction must be resorted to, in order to save a statute from unconstitutionality.Therefore, The Chief Justice maintains, Congress threat to withhold old Medicaid funds based on a States refusal to participate in the new program is a threat to terminate another.
342, 364 (1949) "ng Panhandle Oil.
I would also hold that the Spending Clause permits the Medicaid expansion exactly as Congress enacted.The Government does not claim that the taxing power allows Congress to issue such a command.Accord, College Savings Bank, supra, at 687; Metropolitan Washington Airports Authority.And one is not now purchasingthe health care covered by the insurance mandate simply because one is likely to be purchasing it in the future.1 The dimensions of the Medicaid program lend strong support to the petitioner States argument that refusing to accede to the conditions set out in the ACA is not a realistic option.And it is well established that ifa statute has two possible meanings, one of which violates the Constitution, courts should adopt the meaning that does not.In response, the Government offers two theories as to why the Individual Mandate is nevertheless constitutional.Thus, the something to be regulated was surely there when Congress created the minimum coverage provision.
Ihe States also contend that the Medicaid expansion exceeds Congresss authority under the Spending Clause.