Replies

1) All revenue/appropriation bills must originate in the house. The ObamaCare individual mandate if implemented must be laid and collected as a direct capitation tax.

A tax is a revenue bill. The Constitution requires that it originates in the house.

US Constitution: Article I, Section 7: All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Since the individual mandate can only exist as a revenue tax to fund ObamaCare, then the tax must be re-introduced by the House to legally be passed into law.

2) Congress cannot tax inactivity.

The United States Constitution on Taxation

Article I Section 2 Paragraph 3:

“…direct Taxes shall be apportioned among the several states…according to their respective Numbers…”

Article I Section 8 Paragraph 1:

“The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States.

Article I Section 9 Paragraph 4:

“No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein directed to be taken.”

The 16th Amendment

“The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.”

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Since Obamacare individual mandate can only exist as a direct tax laid upon on an individual for inactivity then the tax in itself is unconstitutional because:

1) The IM is not an income tax therefore cannot be imposed pursuant to the 16th Amendment.

2) It is a direct tax which must be apportioned pursuant Article I section 2 and must be proportioned to census pursuant to Article I Section 9

3) As it stands now, within Obamacare, the IM TAX does not define what is being taxed.