jmog;1496499 wrote:So the President, who pushes this legislation 100%, says it is NOT a tax. The democratic Congress who passed it said it is NOT a tax. The LANGUAGE OF THE BILL says it's not a tax. But when they change their mind AFTER THE FACT in the SCOTUS hearings because they KNOW they are going to lose if it is seen as a mandate...it suddently becomes a tax?
There is NO WAY you can use that argument that they called it a tax when they passed it, so therefore, regardless of what they construed to the SCOTUS, you can't use that argument now.
So, we are back to the same question, can a democratically elected representative government mandate that I buy something I may or may not want?
Don't give me the hogwash about the tax that wasn't a tax until they decided they would lose and then it became a tax.
You don't have your facts straight. The solicitor general Don Verrilli never argued that it was a tax. Obama and Congress didn't call it a tax and they were wrong that it wasn't a tax and they made sure not to call it that for political reasons but the SCOTUS has the final say and they ruled that it is a tax...which it always should've been construed that way but the politicians didn't want to describe it accurately based on its economic effects because they didn't want it to be used against them in the elections.
I'll say it again. The democrat politicians never called it a tax (they should have) and the adminstration never argued it was a tax (they should have).
So, your question is invalid and the SCOTUS answered. It is beyond the powers of congress' ability to regulate interstate commerce to mandate that you buy something. They can however, levy indirect excise taxes on certain transactions and behaviors.
So, as to your last sentence...it is hogwash. You don't know the facts. The administration nor the politicians called it a tax. It was the SCOTUS that ruled that it was a tax. I happen to believe that the SCOTUS was correct in their interpretation and if you go back and read the threads, I made that argument all along.
Don't you remember the op-eds...that it was now on the Republicans and Romney to take what Roberts had given them and argue that Obama raised taxes on people...while also praising Roberts for limiting the commerce clause....the Krauthammer and George Will op-eds come to mind.