The Constitution (not that Roberts reads it) states:
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
There are two and only two choices. Either the tax has to be apportioned or it must be uniform. Smaller states would never have allowed the larger states to tax me and not thee.
It is becoming more clear that 0bamacare taxpenalty is neither. Scalia pointed out in his opinion that this is still a pending issue because neither side was given the opportunity to address it in the original case.
But when a federal appeal court rules that banning race from consideration in admission to public universities is unconstitutional, the federal bench as become little for than a sad joke.
It is becoming more clear that 0bamacare taxpenalty is neither.
Besides, a tax on inactivity does not fall within the prescribed functions for which taxes may be levied, nor the forms of taxes permitted.
AND the bill originated in the Senate. All revenue bills (i.e., tax bills) must originate in the House.
“Either the tax has to be apportioned or it must be uniform”
Not true, methinks. All indirect taxes must be uniform and almost all direct taxes must be apportioned. The income tax, which is a direct tax, does not need to be apportioned, per the 16th amendment. No doubt the Obamacare mandate taxalty/penatax will be deemed an income tax.
By the way, the correct answer for what is the taxalty is that it is a tax on insurance owning status, and therefore an illegal direct tax. SCOTUS will, if it hasn’t already, declare it either an income tax or to not know what the hell it is except that it’s legal.