three (legal) problems with ObamaCare

From an interview with CATO's Robert Levy in Reason-- in which he makes three quick points:

1.) The Commerce Clause was never intended, and has never been used, to compel the purchase of a private product.

2.) The penalty for violating the mandate is not a tax.

3.) Even if the penalty is deemed to be a tax, the Constitution does not authorize it.

Other than that, it's on solid Constitutional ground, I guess. Haha...

On #1, Levy also notes that Congress could also force us to buy exercise equipment and diet foods.

On #2, he notes that Congress cites the Commerce Power but not the Taxing Power.