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Changing Stance, Administration Now Defends Insurance Mandate as a Tax

Joined
Apr 3, 2010
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#1
http://www.nytimes.com/2010/07/18/health/policy/18health.html?_r=1&ref=politics

WASHINGTON — When Congress required most Americans to obtain health insurance or pay a penalty, Democrats denied that they were creating a new tax. But in court, the Obama administration and its allies now defend the requirement as an exercise of the government’s “power to lay and collect taxes.â€

And that power, they say, is even more sweeping than the federal power to regulate interstate commerce.

Administration officials say the tax argument is a linchpin of their legal case in defense of the health care overhaul and its individual mandate, now being challenged in court by more than 20 states and several private organizations.

Under the legislation signed by President Obama in March, most Americans will have to maintain “minimum essential coverage†starting in 2014. Many people will be eligible for federal subsidies to help them pay premiums.

In a brief defending the law, the Justice Department says the requirement for people to carry insurance or pay the penalty is “a valid exercise†of Congress’s power to impose taxes.

Congress can use its taxing power “even for purposes that would exceed its powers under other provisions†of the Constitution, the department said. For more than a century, it added, the Supreme Court has held that Congress can tax activities that it could not reach by using its power to regulate commerce.
 

Nickelless

If coffee is gold, I own Fort Knox
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#2
"When in the course of human events..."

History is about to repeat itself, boys and girls. And the revolution that's coming isn't for the fainthearted. Keep your powder dry and your prayer life active.
 
M

minimus

Guest
#3
They moved the liability of the health care tax from the insurance companies (who had to claim the premiums received as corporate income) to the employer (who had to claim it was a taxable benefit payed out) to the workers W-2 (who foot the new bill).

No "new" tax was created because no new "source" was created.

They did however, find a new way to screw you.
 
Joined
Apr 1, 2010
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#4
So, if it's a tax, why are we giving the money to insurance companies, rather than the government? Does the Constitution give private corporations the right to levy a tax against Americans? I find it laughable that the government, in arguing for the constitutionality of the Obamacare plan through the commerce clause, is now calling it a tax, which makes it about a billion times less constitutional, in legally having private businesses directly tax the citizenry. Bend over, America....
 

phideaux

Mother Lode Found
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#5
It's not a tax, it's an attack.

(An attack against personal freedom)
 

Harvey

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#6
Lies, lies, lies.

The Chosen One can take any sliver of truth and spin it into the most outrageous lie. Lies, lies, lies.

No new taxes on the middle class; no federal funding for abortions; no government takeover of the private sector; no known association with ACORN; 1,200 National Guard to the border; three million new jobs 'saved or created'; born in the USA ... ...

Lies, lies, lies.
 

phideaux

Mother Lode Found
Mother Lode
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#7
Lies, lies, lies.

The Chosen One can take any sliver of truth and spin it into the most outrageous lie. Lies, lies, lies.

No new taxes on the middle class; no federal funding for abortions; no government takeover of the private sector; no known association with ACORN; 1,200 National Guard to the border; three million new jobs 'saved or created'; born in the USA ... ...

Lies, lies, lies.
He's a politician. His lips are moving... :realmad: