Taxes on Constitutional Rights
One project that I’ve blogged about and might return to involves alternative remedies for constitutional rights. I’ve pointed out that you could have a right protected by a tort remedy, a supermajority override rule, or a super-penalty if the right is violated.
I also pointed out that you could have a right that can be exercised subject to a tax. Now Chief Justice Roberts has officially enshrined one of these into law. You have a constitutional right not to have health insurance, but you can be taxed for exercising that right.
UPDATE: On a separate note, good job by CNN and Fox to mess up and say initially that the mandate was unconstitutional.