To: philman_36
You are citing the wrong part of the Act.
The individual mandate everyone is arguing about and which Roberts ruled is a tax is in §5000A.
You cited what people call the “cadillac” tax in §49801, which is not the individual mandate but a different provision entirely.
To: Meet the New Boss
The individual mandate everyone is arguing about and which Roberts ruled is a tax is in §5000A.Thanks for the correction.
Carney is right. Its not written as a tax.
So now that the Court has ruled it is a tax, even if it wasn't written as a tax, as you claim, isn't Carney actually disagreeing with the Court's decision instead of agreeing and supporting it?
For the Act to have been Constitutional doesn't it have to be considered a tax even though the word "penalty" is used instead of "tax"? Isn't that what the Court said?
Wasn't the use of 'penalty' really nothing more than 'word play' by those who wrote the bill so that it wouldn't be seen as the tax it really is?
And if it isn't a tax then why is the IRS in charge of collecting this "penalty"? Aren't they the revenue service of the government? Wouldn't such action be outside of their scope of operation?
79 posted on
06/30/2012 1:30:39 PM PDT by
philman_36
(Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
To: Meet the New Boss
You are citing the wrong part of the Act.BTW, the relevant part of "the Act" is
SEC. 1501. REQUIREMENT TO MAINTAIN MINIMUM ESSENTIAL COVERAGE.
Public Law 111148 111th Congress
An Act Entitled The Patient Protection and Affordable Care Act.Just "search" 1501 and you'll see that SEC. 1501(b) has this...
b) IN GENERAL.Subtitle D of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter:
CHAPTER 48MAINTENANCE OF MINIMUM ESSENTIAL COVERAGE
Sec. 5000A. Requirement to maintain minimum essential coverage.
So when you say I'm citing the wrong part of the Act you're correct. I was citing Title 26 (that's the Internal Revenue Code), just as you were.
You have to go back to Public Law 111148 SEC. 1501(b), to see how, and why, SEC. 5000A came into existence.
Be sure to note this as well...
Subtitle FShared Responsibility for Health Care
PART IINDIVIDUAL RESPONSIBILITY
SEC. 1501. REQUIREMENT TO MAINTAIN MINIMUM ESSENTIAL COVERAGE. (a) FINDINGS.Congress makes the following findings: (1) IN GENERAL. The individual responsibility requirement provided for in this section (in this subsection referred to as the requirement) is commercial and economic in nature, and substantially affects interstate commerce, as a result of the effects described in paragraph (2).
The Court kind of blew that argument right out of the water, didn't they.
92 posted on
06/30/2012 2:18:20 PM PDT by
philman_36
(Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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