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View Diary: Constitutional Misdirection Will Not Derail the Health Care Law (56 comments)

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  •  the mandate is written into the bill (2+ / 0-)
    Recommended by:
    Gary Norton, Larsstephens

    as a tax, and authority to collect that tax is given to the IRS.

    Vyan

    •  That's one argument for it. (0+ / 0-)

      But that sort of formal argument isn't terribly compelling in broader array of arguments.  If they'd put a provision in the IRC to jail people that carried guns to school the provision wouldn't be any less unconstitutional.

      The placement of the penalty is a minor piece of circumstantial evidence and not much more.

      •  As I said in another part of thread (2+ / 0-)
        Recommended by:
        Gary Norton, Larsstephens

        the Virginia ruling was based on the idea that it wasn't a tax, even though it was specifically written as a tax into the law.  The Judges argument was that previous versions of the bill had it written differently, but the point is that the final bill - the current law - it is implemented purely as a tax, and clearly Congress has broad powers to implement taxation.  If you don't buy health care, you can be taxed - if you do you're exempt from that tax, and you may also receive tax credits to help you purchase it.  That's how the law is written, so it seems to me that's what these judges should be ruling on, unless they willfully choose to ignore the actual language of the bill - which is what the Virginia Judge, who also has partial ownership of an anti-Health Care Lobbying Firm - did.

    •  In what way would it not be (1+ / 0-)
      Recommended by:
      johnny wurster

      a capitation tax?

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