Thoughts on Today's Political Landscape

[smc]

Originally Posted by TracyCoxx

Ok back on topic...



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.

You say it is a penalty, not a tax, and that the government has no power to impose such a penalty. Yet, one issue before the Court is, in fact, whether the penalty is a tax. Some argue that it IS simply because it happens to be collected by the IRS. But that, logically, does not AUTOMATICALLY make it a tax. Hence, my point about subjectivity. The justices must opine as to what it is. As I wrote earlier, the Founding Fathers are not here to weigh in, and who knows ... perhaps they would not have seen it as a tax, according to their understanding of what "tax" means.

Further, the Constitution does allow the government to regulate interstate commerce. Some argue that this penalty falls under that allowance. Again, it is a subjective judgment that must be made.