Tea Party issues: Bailouts, Spending, Taxes, Big Government, Health Care Reform, Global Warming, Gun Control, Elections, etc...The Old South Meeting House is where the patriots met to plan the Boston Tea Party.
Thursday, July 22, 2010
Why the ObamaCare Tax Penalty Is Unconstitutional
The Justice Department announced last week that it would defend the new federal health-insurance mandate as an exercise of Congress's "power to lay and collect taxes," even though Barack Obama had insisted before the bill's passage that it was "absolutely not a tax increase." The truth is the mandate is not a tax—and if it were it would be unconstitutional. A tax is when the government takes money from individuals, puts it in the Treasury, and plans to spend it. With the health-insurance mandate, the government is not taking money from private individuals; rather, it is commanding them to give their money to another private entity, not to the Treasury. If individuals don't obey the mandate, they pay a penalty to the Treasury. But penalties aren't taxes. The mandate is legally separate from the penalty. Even if the Justice Department were to get the mandate considered a tax, it would be an unconstitutional one. Unlike states, the federal government has limited jurisdiction...more
Frank DuBois served as the NM Secretary of Agriculture from 1988 to 2003. DuBois is a former legislative assistant to a U.S. Senator, a Deputy Assistant Secretary of Interior, and is the founder of the DuBois Rodeo Scholarship.