The Federal Reserve has power under a statute that dates from 1932 that most of us weren't aware of.

CNN: Barney Frank: Ownership issue key to recouping AIG bonuses

We have never held that any exaction imposed for violation of the law is an exercise of Congress' taxing power even when the statute calls it a tax, much less when (as here) the statute repeatedly calls it a penalty.

WSJ: ObamaCare and the Power to Tax