It is becoming more clear that 0bamacare taxpenalty is neither.
Besides, a tax on inactivity does not fall within the prescribed functions for which taxes may be levied, nor the forms of taxes permitted.
AND the bill originated in the Senate. All revenue bills (i.e., tax bills) must originate in the House.
“a tax on inactivity does not fall within the prescribed functions for which taxes may be levied”
It is not so much a tax on nonaction as on the status of not possessing insurance. Which makes it akin to all manner of direct taxes, for instance the tax on having earned so much income in the last year or a tax on ownersio of property.
“nor the forms of taxes permitted.”
True. If it us a direct tax, and it is, it must be apportioned. If it is an income tax, which it isn’t, it wouldn’t need to. But it isn’t, so it doesn’t.
“All revenue bills (i.e. tax bills) must originate in the House.”
All spending bills must, too. So it was illegal on those grounds whether or not it made a new tax.
I believe this is what will happen in 2014. It will take a while for a suit by someone with standing—in this case, a taxpayer—to wend its way upward, and possibly the Obamination will have several wise Latinas in place by then, so it will all be for schloe, but one can hope.