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The only legal peg on which Chief Justice Roberts was able to hang his hat in ruling Obamacare constitutional was a broad reading of the Taxing Clause. In order to do so, he had to deliberately misread the Obamacare law; had he not done so, the law would have been struck down as a violation of the Commerce Clause.
Nonetheless, the Obama administration insists that Obamacare isn’t a tax.
The latest Obama spokesperson to deny Roberts’ logic and essentially admit that Obamacare is unconstitutional is Jack Lew, the White House Chief of Staff. This morning, he appeared on CNN to explain:
First of all, the law is clear, it’s called a penalty. Second of all, what the Supreme Court ruled is that the law is constitutional. Actually, they didn’t call it a tax. They said it was using the power under the constitution that permits it. It was not labeled.
Originally posted by spinalremain
Reply to post by beezzer
well yeah. If we don't comply we have to pay a penalty.
The only way the law would fall under the Constitution would be for it to be considered a tax.
This isn't new though.
I don't understand what you're getting at. You just want to hear Obama say "yes, America. The penalty for not abiding by the mandate is a tax." ?
That's not going to happen. What kind of politician would do that in an election year?
well yeah. If we don't comply we have to pay a penalty.
The only way the law would fall under the Constitution would be for it to be considered a tax.
This isn't new though.
I don't understand what you're getting at. You just want to hear Obama say "yes, America. The penalty for not abiding by the mandate is a tax." ?
That's not going to happen. What kind of politician would do that in an election year?
Originally posted by DarthMuerte
It is time for a nationwide tax strike. Everybody should stop paying income taxes altogether. If you find yourself unable to do that, raise your withholding to 10 or more. We are no longer represented in congress. Only the corporations and the very rich are represented. No taxation without representation.
Originally posted by type0civ
reply to post by xuenchen
What I found bizarre, is the Obama admin argued it's legal under the commerce clause, yet the Supreme Court said no....so they called it a tax....to implement it.
Originally posted by type0civ
reply to post by xuenchen
What I found bizarre, is the Obama admin argued it's legal under the commerce clause, yet the Supreme Court said no....so they called it a tax....to implement it.