Posted on 07/27/2012 12:38:40 PM PDT by 92nina
In the weeks following the Supreme Court's ruling on the healthcare mandate, President Obama and House Minority Leader Nancy Pelosi have repeatedly stated to the public that the individual mandate contained in Obamacare is not a tax. The Democrats' hard line stance that the mandate is not a tax is illogical, as evidenced by Chief Justice Robert's constitutional analysis of the individual mandate.
Contrary to President Obama and the Democrat's interpretation of the mandate, Justice Roberts made ten key points in his analysis on why the mandate is a tax, and not a penalty:
Justice Robert's concluded his analysis by stating that Obamacare's "requirement that certain individuals pay a financial penalty for not obtaining health insurance may...be characterized as a tax."
Read more: http://atr.org/roberts-clarifies-mandate-tax-penalty-a7072#ixzz21qxqSjsz
II. IF THE COURT REACHES THE QUESTION, IT SHOULD HOLD THAT THE ACT IS SEVERABLE FROM THE MINIMUM COVERAGE PROVISION EXCEPT FOR THE GUARANTEED-ISSUE AND COMMUNITY-RATING PROVISIONS THAT TAKE EFFECT IN 2014
Sol Gen - "Oh, the Commerce Clause doesn't cover it, Your Honor?"
USSC - "No, it doesn't."
Sol Gen - "Then uphold the individual mandate as it falls under the taxing power of Congress as we presented in our brief."
USSC - "You got it."
Sol Gen - "Thank you, Your Honor."
The way I understand it is that the power of taxation resides in the House, not the Senate. The Senate cannot attach taxation to a bill at the 11th hour that had not been approved by the House, but it appears they did it anyway.
It did start in the House.
Look into this...
@Service Members Home Ownership Tax Act of 2009 (Introduced in House - IH)[H.R.3590.IH]
@http://www.gpo.gov/fdsys/pkg/BILLS-111hr3590ih/pdf/BILLS-111hr3590ih.pdf
As you can see from that first link it got hijacked along the way.
Still can’t see how people can be singled out for not purchasing something,is there not supposed to be something called equal protection in the law,taxes are supposed to be apportioned to everyone not just certain groups
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