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View Diary: The ACA ruling: What the Court will decide (168 comments)

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  •  Medicare unconstitutional? (1+ / 0-)
    Recommended by:

    you pose an excellent question that I have asked before.
    Have seen no explanation that I can understand.

    •  It's quite simple (1+ / 0-)
      Recommended by:

      there is no question that the government has the authority to impose income taxes and provide services.  A constitutional amendment was passed to allow the Federal government to collect income taxes.  They are also forbidden in the Constitution from charging a flat tax (a set amount) directly to individuals.  That is called a capitation tax.  

      That is why Medicare and Social Security are not flat fees, but a percentage of your income.  It is also why the mandate penalty is expressed as a penalty and not a tax, because the government is not allowed to charge a capitation tax.

      So those programs have no connection to requiring citizens to pay, regardless of income (except for the poor), a commercial price to a private company.

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