M14 Shooter
The Light of Truth
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- #81
You are not paying attention.No. Because, it seems your whole argument is that if it raises revenue, it's a tax. If it costs a citizen due to inaction, then it's a penalty. And it cannot, under any circumstance, be both.No, it's not all I wanted to know.Well shit, if that's all you wanted to know, why didn't you just ask? That's an easy one!
I presume you concede the point regarding the difference between tax and penalty...?
If you refuse to pay attention, I cannot do anything to help you better understand the issue.
Taxes exist to raise revenue.
Fines are penalties for not following the law; the fact that they raise revenue is incidental to the fact that they exist as a consequence for not following the law.
In order to penalize you for not following the law, Congress has to have the power to create the law that creates the requirement in question; the Court said that Congress does not have the power to compel people to buy insurance, and therefore cannot have the power to penalize you for failing to do so.
Thus, the difference is plain, as are the constitutional requirements for laying/placing each.
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