The Winning Argument

The blockbuster decision by the Court to uphold the controversial Individual Mandate provision of the Affordable Care Act relied on an argument that, until today, most of the media had entirely overlooked.

During the last 10 minutes of Solicitor General Donald Verrilli's argument in March on the Individual Mandate, the government argued that the provision was a valid exercise of Congressional power under the Taxing Clause. The justices, including the author of today's opinion, Chief Justice John Roberts, focused on the key concern with the argument: Why did Congress not simply call the penalty a tax?

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Of course you can pay the penalty! Just cut out McDonalds, the dollar store and Goodwill Store and you got it! That is where I am now. I have a great idea. Lets tax Congress for healthcare, benefits, perks to buy us Universal Health care for which they will receive an option to join in with us. We are paying for healthcare now! Just belongs to our Congress Person!

The government already has the authority to extract payroll taxes out of every working citizen to pay for social security, medicare and medicaid whether you want to pay or not. The same will be with this law. If however you're poor or otherwise poverty stricken (which you will have to prove to the Treasury/IRS), the government will provide you with subsidies to help you pay for health insurance.

Daniel: OH NO! You've discovered a major flaw in the new law!!

Oh wait, no you didn't. There's a threshold for income level.

I do not understand how it is that the government can pass legislation forcing me to purchase healthcare insurance when I can't afford it? If I could afford healthcare insurance; I would have healthcare insurance? What now? I will be penalized in my taxes? What happens when I can't afford to pay the penalty?

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