Zoom-boing
Platinum Member
SC ruled the penalty unconstitutional under the commerce clause but constitutional via tax.
The court ruled 5 to 4, wiith Chief Justice John Roberts siding with the majority, that the mandate is unconstitutional under the Constitution's commerce clause, but it can stay as part of Congress's power under a taxing clause. The court said that the government will be allowed to tax people for not having health insurance.
"The Affordable Care Act's requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax," Chief Justice John Roberts wrote in the ruling. "Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness."
Supreme Court Health Care Ruling: The Mandate Can Stay - ABC News
So, which is it? Unconstitutional penalty or constitutional tax?
The mandate was ruled unConstitutional under the Commerce Clause. The mandate is Constitutional under the taxing powers of Congress.
The shared responsibility payment which is called a penalty in the text of the law, was NOT ruled unconstitutional. The shared responsibility payment was ruled constitutional as a tax. '
Calling a penalty a tax doesn't make it so.
U B dumb as shit
My mistake in typing penalty was ruled unconstitutional when I meant mandate. Guess I should have proofed my post, pretty duh on my part. Glad you acted so adult-like in your response. Oh, wait . . . .
And calling a tax a penalty doesn't make it so.