The individual mandate and the common good

I have posted a considerably revised version of my recent paper, "The Individual Mandate, Sovereignty, and Ends of Good Government: A Reply to Professor Randy Barnett," which is forthcoming in the University of Pennslyvania Law Review.  The paper does not attempt to determine whether the individual mandate is a prudent piece of legislation under the current circumstances.  Instead, it tries, among other things, to show why the libertarian arguments against the mandate are inconsistent with a Catholic account of the principles of law and government.   These include -- without running afoul of the principle of subsidiarity (properly understood) -- leading the people to particular goods, which can, in turn, be referred to a common good.  Law is always ordered to a common good: "Operations are indeed in particulars.  But those particulars can be referred to a common good, [which is common] not with the community of a species or genus, but with the community of a final cause, according to which a common good is called a common end."  ST I-II 90.2 ad 2