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Originally Posted by smc
Yes, back on topic. Go back to what I wrote about the subjectivity of determining the "constitutionality" of something and respond to it.
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Ok back on topic...
Quote:
Originally Posted by smc
Unconstitutional in YOUR opinion, and that of some ideologues on the Supreme Court. Whether they are on the "left" or "right," those who rule on the constitutionality of these sorts of things (unlike, say, the equal protection clause), where the Founders are not around to chime in, are doing so based as much on subjective interpretation as objective fact.
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It's not opinion. There simply is no power granted to the government by the constitution to force citizens to purchase or otherwise obtain a good or service. If the Constitution does not restrict the government from doing something, does that mean it's constitutional for them to do it? No. For example, the mandate to pay income tax was found to be unconstitutional in 1895 because that power was not granted to the government. The Constitution had to be amended via the 16th amendment go give the government power to collect income taxes.
The Affordable Care Act would impose a penalty, not a tax, on individuals who do not get health insurance. That power is nowhere in the constitution. If the government really wanted that power they would have to amend the constitution.