Thread: President Trump, ObamaCare is not “dead” as you claim

Finally, with regard to Congress’ power to regulate “commerce among the States” I cannot imagine how such wording was intended to allow Congress to enter the States to regulate commerce within a State’s borders.

You have to understand the phrase, "commerce among the states", that doesn't mean between the states from point A to point B, it means commerce within the states that is part of a larger set of states. Once the commerce reaches out beyond the borders of one state, it is now part of the larger group and as a member, it is subject to the federal regulation of commerce.

You also have to understand the meaning of the word commerce which includes labor. Labor requires payroll. The 16th Amendment allows the federal government to tax payrolls of labor and their employers, labor is part of commerce, the Social Security Act with authority from the 16th amendment taxes payrolls and employers of labor for the benefit of labor which is part of commerce regulated under the commerce clause to provide for the general welfare as directed by the Preamble. You add the Preamble which is the direction, the Commerce Clause which is the authority, and the 16th Amendment which is the means, and together it's simple step 1, 2, 3 constitutional formula.

We have a great many unconstitutional and questionable activities going on in our country, but in my opinion, the Social Security Act isn't one of them. Congress would be wise to keep its mind and hands off of it. The Social Security Administration has run this program without a payroll tax increase for Social Security Benefits in 27 years, and the Medicare program without a payroll tax increase for Medicare Benefits for 31 years. No other agency in the US government, nor any state or local agency can claim likewise. SSA is not only our largest, most complicated vital agency, it is one of our best run, best managed agencies, quite remarkable when you consider all the incompetence in so many others.

Obamacare on the other hand, is unconstitutional because of the mandates on individuals. There is no authority for this. SCOTUS got it so wrong on the individual mandate.