But I thought that there were constitutional requirements for taxes. For one thing, I thought a tax imposed by the federal government was supposed to be levied equally on all, not on just a few or on a certain group of people (ie those that refuse to purchase health insurance, in this instance). Sure there are all kinds of exemptions and waivers and deductions that allow taxpayers to pay less. But the initial tax itself is levied evenly.
For the government to be able to single out one segment of Americans to selectively tax is, by its’ very nature, unconstitutional.
So, for it to really BE a tax, wouldn’t those same standards and requirements have to apply? And if so, wouldn’t that make Roberts wrong re: his ruling?
I don’t pretend to be a legal expert in this but here is what the constitution says about Congress’ power to tax: “The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform thoughout the United States.” Article I, Section 8, paragraph 1.
It does not say that TAXES must be so, just Duties, Imposts and Excises.
“No Capitation, or other direct Tax, shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken..” Article I, Section 9, paragraph 4.
No Tax or Duty shall be laid on Articles exported from any State. Article I, Section 9, paragraph 5.
We are in vague areas here since there is no definition of what a “tax” actually is.