This is where I am having trouble. In my mind, the government telling you that "you must purchase insurance" is the mandate, and the "or we will fine you" is the tax.
"Mandate" an authoritative command;
This is how I really feel..a post of mine from ragingbull
Roberts's decision was not based on any tax law in the Constitution.
The Constitution only allows the House to write a Tax Bill, this was written in the Senate. The Constitution expressly forbids any taxes other than excise, per capita, and income
made possible by the 16 Amendment. Roberts's Tax is what I call the OR ELSE tax. YOu do what Gov tells you or else you pay a tax. Sounds like a penalty to me. But Roberts knows best.
The Dissent was livid. This Roberts opinion is close to Dred Scott in its utter stupidity. He tried to be cleaver and in his ignorance and that of the idiots that just wanted this liberal butt wiping legislation, he overturned 255 years of Tax law. In doing so, he made the 16 Amendment unnecessary, even though the Constitution forbid any tax that was not apportioned. Income is not apportioned but progressive. Tax Scholars have no idea how to interpret this ruling.
But what it does do is now open up to citizens the right to dispute the tax on secondary grounds. By that, the only cases I know of that beat the Federal Tax were those that were linked to the First Amendment.
IRS has already decided that no religious exemptions will be approved without ALSO vacating all claims to Social security
. This is typical IRS writing their own laws. But now this one can be challenged and beat. IRS has no authority to write law only to promulgate rules. But IRS is always out of control. The liberals that did this should be hung. They have violated the Constitution. I also think there is a good case to challenge this law by mass non-compliance on that grounds that it is not a tax because it does not qualify as a Tax under the Constitution and therefore IRS has no jurisdiction over it. But it will never happen!
I think Romney is going to win. His poll numbers in all Swing states have skyrocketed.Money
is pouring in. Even young people are now realizing that this bill screws them to the wall for nothing
250 million in the USA already have insurance. All this crap is to insure 20 million that don't have insurance and 30 million illegals. Its nothing. To say there was a mandate is false.
Liberals are idiots..