“The Constitution states clearly that direct taxes shall be apportioned. An ObamaCare tax falls on the individual as a direct tax.It is NOT apportioned.It is CLEARLY UNCONSTITUTIONAL.”
The Sixteenth Amendment made the apportionment rule inapplicable to income taxes, including taxes on income derived from property, by providing that Congress has the power to tax incomes from any source without having to apportion the tax by population.
Because people through their employers and corporations and self-employed individuals receive an income tax deduction for their health insurance premiums and buy health insurance with additional tax benefits and this is all administered through the IRS which collects income taxes, the ObamaCare Tax is not a direct tax and does not need to be apportioned, therefore; it is clearly not unconstitutional.
ngat,
The courts have ruled (read the Brushaber decision) that the Income Tax is an “excise” tax. It is NOT a “direct” tax.
An excise tax is one that you can avoid by changing your behavior. For example, if you do not want to pay Federal gasoline excise taxes, stop buying gasoline.
A “direct” tax, on the other hand, cannot be avoided by changing your behavior. The Roberts ruling makes ObamaCare a direct (unavoidable) tax on an individual merely because he exists.
According the Constitution, direct taxes must be apportioned. The Sixteenth Amendment did NOT remove that provision from the Constitution.
So I repeat...
The Constitution states clearly that direct taxes shall be apportioned.
An ObamaCare tax falls on the individual as a direct tax.
Direct taxes must be apportioned.
The ObamaCare tax is NOT apportioned.
The ObamaCare tax is CLEARLY UNCONSTITUTIONAL.