Author Topic: Obama health official: The Obamacare 'bailout' of insurers will be financed by a new tax on everyone's health plan  (Read 432 times)

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Offline rangerrebew

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« Last Edit: June 22, 2014, 05:16:07 AM by rangerrebew »
"Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports. In vain would that man claim tribute to patriotism who should labor to subvert these great pillars of human happiness -- these firmest props of the duties of men and citizens. . . . reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principles."
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Offline jmyrlefuller

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This may be the end-around to any challenge of the Obamacare mandate as a head tax. Levy the tax on the uninsured, then levy the tax on the insured, so either way, you get hit.

Offline Oceander

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This may be the end-around to any challenge of the Obamacare mandate as a head tax. Levy the tax on the uninsured, then levy the tax on the insured, so either way, you get hit.

If it's levied on everyone regardless of whether they have insurance or not then it becomes much more like a head tax.  If it's only levied on people without insurance then it's closer to being a sort of excise tax rather than a head tax.

Offline jmyrlefuller

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If it's levied on everyone regardless of whether they have insurance or not then it becomes much more like a head tax.  If it's only levied on people without insurance then it's closer to being a sort of excise tax rather than a head tax.
True, but if it is levied equally, or "in proportion with the census," then it is constitutional.

Offline rangerrebew

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How can there be a tax on a tax? :shrug:
"Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports. In vain would that man claim tribute to patriotism who should labor to subvert these great pillars of human happiness -- these firmest props of the duties of men and citizens. . . . reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principles."
George Washington

"Only a virtuous people are capable of freedom. As nations become more corrupt and vicious, they have more need of masters."
Benjamin Franklin

Offline Oceander

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True, but if it is levied equally, or "in proportion with the census," then it is constitutional.

But in this case the penalty is set as the greater of the minimum or 2% of gross income, plus there are waivers for those with incomes under certain levels; as such, the tax cannot ever be levied in proportion to the census.

Also, since the tax would not be levied on every individual pro-rata - it goes through the tax return so anyone who is not required to file a tax return is not required to pay that tax, such as minor children included as dependents on their parents' tax returns - it will necessarily fail the proportionality requirement even if it isn't set in relation to gross income.

Just in case it seems like I'm stepping on my own toes:  I agree that if every single individual who is counted in the census is also required to pay the exact same dollar amount, then the tax would be a constitutionally apportioned head tax (i.e., a "direct" tax).  All I am adding to the mix is that in this case the Obastardcare tax will never be that sort of tax and therefore will never survive muster as a properly apportioned head tax.


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