Remember the story of Daniel in the Lion's den? I see this argument in much the same way only in Daniel's case, it was well known that he actively prayed to and worshiped God on a regular basis. The king's wise men hated Daniel and wanted to find a way to be done with him so they drafted a law that stated it would be a capital offense to worship anyone or thing besides the King. They got the king to sign the bill, then presented their case to the king that Daniel must pay the penalty. It was a ruse and the king fell for it, without thinking.
Two points here; One is the fact that a ruse has been perpetrated on the American people; for Obama and the then Democrat controlled congress argued that the penalty was not a tax... but of course now it is a tax. Two, even if it can be construed as a penalty, what gives congress the power to write such a law that penalizes someone for continuing to live the way they have been living their whole lives? What powers don't they have if Obamacare stands?
If It’s a penalty it is unconstitutional. Every time Obama and his minions say it is not a tax, our response needs to be “then it is unconstitutional. Period. It has been deemed to be legal ONLY as a tax.