But Romney cannot easily argue that as a tax it is unconstitutional. I agree that it is. But Roberts has ruled otherwise. In the face of that, it is probably better to make Obama call it a tax to claim constitutionality for it, or else, if a penalty, to say it is unconstitutional. Romney can ask him in debate “Which is it? Is it a tax, or is it unconstitutional?” And if Obama points to Massachussets, Romney will bring up the 10th Amendment to the professor of constitutional law. I understand where you are coming from, but there are many ways to play the game of chess.
Good grief. Obummer was never a “professor” or even an “assistant professor”!
I hope that he has the balls to ask him just that.
I'm definitely not a Romney fan, but I agree with him on this. The mandate is not a tax (which congress has the Constitutional right to impose) it is a penalty for not purchasing a service (which congress does not have the Constitutional right to impose).
While the Republican party may think that they'll get more mileage out of the "largest Tax hike in history" meme than with the "un-Constitutional mandate" meme with the uninformed, voting public, the facts are the facts.