
The
Obama Justice Department’s case that Obamacare is constitutional hinges
on the idea that the mandate is no different from any other tax in that
it effectively “raises taxes” on everyone who disobeys it by
expropriating money from them. This particular defense was explored by
theHeritage Foundation when it was first introduced:
The New York Times
confirmed Friday that in preparation for defending constitutionality of
the Obamacare individual mandate in court, an Obama Justice Department
legal brief argues that the penalty used to enforce the mandate is “a
valid exercise” of Congress’s power to impose taxes. Mr. Obama’s own
Justice Department further repudiates the President’s earlier statement
by noting that the penalty is imposed and collected under the Internal
Revenue Code, people must report it on their tax returns, and that the
Congressional Budget Office estimates that it will cost Americans $4
billion a year. Yale Law School professor Jack Balkin told a meeting of
progressive activists last month that President Obama “has not been honest with the American people about the nature of this bill. This bill is a tax.”
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