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Well, here is a half way logical of what happened to us on Thursday, June 28th, with the SCOTUS ruling on Obamacare,. To be fair I've heard that President Obama did not ask for taxes to be raised on us, how true that statement is I don't know, maybe he just never atticipated this. but yet they were.
The result is that Chief Justice Roberts has created the only tax in U.S. history that exceeds its own constitutional limits and is meant to execute powers that the Court otherwise ruled were invalid. His discovery erases the limiting principle—apportionment—that constrains the taxing power for everything besides income and excises.
His first error is the act of rewriting the plain text of a law, instead of practicing the disinterested interpretation that is the task of the judiciary, regardless of the partisan outcome. The second error is converting the health insurance mandate's penalty into a tax. Ninety years of precedents have honed precise and widely divergent legal meanings for taxes and penalties for violating laws or regulations, and they are not interchangeable.
Even if Democrats had passed the mandate tax as rewritten by the Chief Justice, and they did not, the Supreme Court until Thursday has never held that Congress can call anything it wants a tax. The taxing power like the Commerce Clause is broad, and the courts are generally deferential. But all powers the Constitution enumerates are also limited, and these limits—unique to each power—must be meaningful and enforceable by the legal system.
His error—or more likely, his deliberate sleight-of-hand—is that this modern jurisprudence does not deal with direct taxes but indirect taxes and income taxes. Income taxes were authorized in 1913 by the Sixteenth Amendment, which was necessary to bypass the other important limit on direct taxes, called apportionment.
"When someone files their return, the insurance company will send us a little box that is checked, a yes-no question, that says do they have coverage or not. They'll send it to the individual, the individual will attach it to their return, and they'll send it to us. Think [of it] just like a 1099, where you get information reporting about the interest that you have on the bank account. We will run matching programs around that, and if somebody doesn't have coverage they'll either have paid the penalty that they owe or they'll get a letter from us saying that you owe this amount.
I think there's a couple important points that I would make, though, about our role in health reform. One is these are not the kinds of things—check the box whether you're here or not—that we send agents out about. These are things where you get a letter from us. Second is Congress was very careful to make sure that there was nothing too punitive in this bill. … First of all, there's no criminal sanctions for not paying this, and there's no ability to levy a bank account or do seizures, some of the other tools."