Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: pgyanke
The legal reasoning is that the Federal Government didn’t “order” anyone into a contract. Under Obamacare, it simply imposed a tax on everyone but exempted anyone who DID enter into such a contract.

At its core (from a legal standpoint), the individual mandate was considered constitutional because it was implemented no differently than an income tax exemption for (as just one example) charitable contributions or mortgage interest.

38 posted on 11/20/2023 10:25:45 AM PST by Alberta's Child (If something in government doesn’t make sense, you can be sure it makes dollars.)
[ Post Reply | Private Reply | To 35 | View Replies ]


To: Alberta's Child
The legal reasoning is that the Federal Government didn’t “order” anyone into a contract. Under Obamacare, it simply imposed a tax on everyone but exempted anyone who DID enter into such a contract.

With that logic, you can make anyone do anything.

You can force them to get a shot by saying we will tax you at 200% of your income if you don't.

41 posted on 11/20/2023 10:36:47 AM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
[ Post Reply | Private Reply | To 38 | View Replies ]

To: Alberta's Child
The legal reasoning is that the Federal Government didn’t “order” anyone into a contract. Under Obamacare, it simply imposed a tax on everyone but exempted anyone who DID enter into such a contract.

At its core (from a legal standpoint), the individual mandate was considered constitutional because it was implemented no differently than an income tax exemption for (as just one example) charitable contributions or mortgage interest.

LOL. Crazy reasoning. Charitable contributions are voluntary. You get to deduct a portion of your income. Entering into a mortgage is voluntary. You get to deduct a portion of your income. The income tax may be universal but there are ways to adjust the income that gets taxed.

Taxing everyone specifically for not having health insurance is different. The only solution to the tax is to enter into a private contract for health insurance. The Fed Gov imposed a universal penalty on those who don't buy health insurance. It wasn't a tax increase, it was a penalty for noncompliance. The ruling was unconstitutional on its face.

43 posted on 11/20/2023 10:43:53 AM PST by pgyanke (Republicans get in trouble when not living up to their principles. Democrats... when they do.)
[ Post Reply | Private Reply | To 38 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson