The federal government mandates positive activities all the time, and this is why several courts have also upheld the constitutionality of the individual mandate.(7)  Regarding the charge that the individual mandate penalizes a 'non-action', Stephanie Cutter, an adviser to President Barack Obama, has argued: "Individuals who choose to go without health insurance are making an economic decision that affects all of us—when people without insurance obtain health care they cannot pay for, those with insurance and taxpayers are often left to pick up the tab."(7) Thus these people are not engaging in a 'non-action' but rather in an economic choice which has negative implications for other Americans, something Congress has the constitutional power to regulate under the commerce clause and the constitution's provision that Congress should promote the general welfare.