“Amendments are part of the constitution, including the income tax amendment. He’s got to uphold that as much as the rest of the constitution. Why not try to repeal the income tax amendment? So many are enraged by all this. Now would be a good time to try.”
In what way is the penalty an income tax? It doesn’t tax income, it taxes people for existing without insurance coverage. It’s a poll tax.
The mechanism of extracting the penalty is to draw money away from one's income. It's a tax, a burden, ON income. No taxable income means no payment.