“Pardon my ignorance but why does it bolster the Obama case (argument) if it IS a tax.”
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Congress does not have the constitutional right to force you to buy anything, but they do have the right to levy taxes. This program was structured as a large tax that could be avoided by buying into an insurance plan. They are not forcing you to buy insurance, they are raising your taxes if you do not. Raising your taxes is the constitutional right of the congress. Sneaky way around, but constitutional.
Suggested correction: Congress does not have RIGHTS. They have limited powers given by the Constitution.