American Elephants


Excuse Me, It’s a Tax—Not a Mandate—It’s a Tax. by The Elephant's Child

Here is Obama’s Chief of Staff Jack Lew, asserting the denial in the administration of the Supreme Court verdict. If the law forces those who are unwilling to buy government health insurance to pay a tax as a penalty — taxes are more easily disposed of.

Obama doesn’t want to be seen as a baldfaced liar; yet we have extensive evidence of his claim that he will not raise taxes on the middle class, that you can keep your health insurance if you like what you have, and that you can keep your doctor. All hooey. Seventy-five percent of the cost of ObamaCare will fall on those making less than $120,000 a year.   And that’s on top of the Tax Armageddon that arrive on January 1, 2013.

Cato says that taxes are of three types — income, excise, or direct.  Each type must meet specified constitutional constraints. Because the mandate penalty tax under PPACA does not satisfy any of the constraints, it is not a valid tax.So the law could be challenged on that basis. Or it becomes much easier for Congress to repeal. It’s going to be interesting.

Don’t miss the Solicitor General’s testimony before the Supreme Court. It’s a tax, a tax, a tax.


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” Because the mandate penalty tax under PPACA does not satisfy any of the constraints, it is not a valid tax.”

The same could be said for the penalty that applies to the failure to meet various biofuel-blending mandates. So where was Republican uproar over that? So, in 2005 and 2007, why weren’t Republican governors charging into Washington to challenge the biofuel mandate as unconstitutional?

Let me guess: because all the Midwest Republican senators and governors were — and still are — endorsing the biofuel mandates?

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Comment by Subsidy Eye




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