But as you note, Medicare/Medicaid came into being and even Founding Fathers were proud of public money (or more correctly, money taxed exclusively from the rich) being used for Public canals. If this seems ambiguous then of course it heads to the Supreme Court. Actually this is necessary because otherwise it would be legal to discriminate on the grounds of race and sex, and there would be no right of privacy. And once an interpretation is made, surely behavior consistent with that interpretation is consistent with the Constitution?

In any case, IMHO it's a nit. People rearing up about individual rights aren't doing it in support of a constitutional belief that necessary reform should be driven by the States rather than Obama. Some of them openly state that their objection is to contributing toward the needs of others which seems a stark contrast to the motivations of the Founding Fathers.