Is ObamaCare's "individual mandate" now a tax being levied by the Supreme Court, and not by the Congress? And if so, doesn't that make the mandate constitutionally invalid? (Remember, when it was passed, it was declared to not be a tax!)

by JenSemPa Posted 2012/06/30 01:14:27

Related Topics: Obamacare, Supreme Court, Congress, Constitution, Author, Court, Unconstitutional, taxes, Tax

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Where does the Constitution give the Supreme Court the authority to levy taxes?

When "ObamaCare" was passed in 2009, we were specifically told by its authors that it was NOT a tax.

This past Thursday, the Supreme Court said it IS a tax.

If so, doesn't that make it a tax that was NOT enacted by Congress?

Catch224u 2012/06/30 02:27:17

It's a TAX.

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Dan 2012/06/30 01:34:48

+1
I'm far from a legal scholar. But I thought the reason the administration fought so hard to NOT call it a tax was because that would be unconstitutional. Isn't the Supreme Court supposed to rule based on the constitution?

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America... to Dan 2012/06/30 12:50:54

Yes they are supposed to rule based upon the Constitution and the Constitution gives the Government the authority to levy taxes. I believe the reason the administration doesn't want it referred to as a tax is because it would then be the single largest tax ever levied on the middle class. That makes a nice soundbite for his political opponents.

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Dan to America... 2012/07/01 00:01:57

Might be a soundbite, but an accurate one. The issue of levying taxes is not that simple. The purpose of the government levying taxes is to pay for government operations, (defense, law enforcement etc), not to mandate a purhcase of a good or service for each individual cititzen.

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America... to Dan 2012/07/01 00:21:37

I agree it's an accurate soundbite. As for the purpose of taxes the Constitution:

Article I, Section 8, Clause 1:

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 throughout the United States.

Who determines what is in the "general Welfare of the United States?" My guess would be that is the duty of the legislature.

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Dan to America... 2012/07/01 00:31:29 (edited)

+1
True. The problem with "general welfare" is that it could include everything from disaster relief to banning 16oz sodas because they make us fat. The authors of the constitution foresaw a lot, this is one they seem to have missed.

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America... to Dan 2012/07/01 00:36:14

Agreed. Of course I don't think they ever imagined a Government as large as it currently is.

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Dan to America... 2012/07/01 00:40:25

+1
It's hard for me to imagine now.

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American Reformed 2012/06/30 01:26:28

+1
While it is true that we were told when the PPACA was passed that the individual mandate was not a tax it was argued by the Administration before the court that the mandate did meet the requirements of a tax and thus could be considered Constitutional. The court rules upon the law and the arguments made before it, not upon the misinformation given to the public by the legislature. The SCOTUS didn't levy a tax they recognized that the piece of legislation in question did.

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