June 5, 2013 4:58PM

Movement to Ban Economic Mandates Grows

Earlier this year, I wrote about Rep. Steven Palazzo’s (R-MS) proposed constitutional amendment whose entire text reads as follows: “Congress shall make no law that imposes a tax on a failure to purchase goods or services.” So this would abolish Obamacare’s individual mandate “tax.”

Now we have movement in the Senate on this idea, with Marco Rubio (R-FL) introducing the exact same language, calling it the “Right to Refuse” Amendment.

Anyone who opposes this amendment wants the government to have the power to tax people for not buying something—whatever that something is: an electric car, dental floss, a gun, or broccoli. It wasn’t clear until NFIB v. Sebelius, of course, whether the government constitutionally had this power—and Obamacare itself (as opposed to Chief Justice Roberts’s legislative rewrite) wasn’t written this way.

Obamacare delenda est.