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Re: When is a Penalty an Unconstitutional Tax?
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Originally Posted by ironweed
It's not a tax.
You're welcome.
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And Randy Barnett thinks that five justices will agree with you.
Quote:
But you want to know another claim that is unprecedented? The claim that Congress may require any person in the US to do anything it deems to be in the public interest or pay a fine or penalty to the IRS. I do not know who first came up with this theory, but whoever it was was pushing the envelope of federal power beyond anywhere it had ever gone. The Tax power has never been used to impose a mandate on the American people and the Supreme Court has never recognized such a power.
So I will make this prediction: If five justice vote to uphold the individual mandate, they won’t use the Tax power theory because (a) its implications are just too radical and (b) there is zero public support for such a constitutional proposition.
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http://volokh.com/2010/07/20/balkin-flips/
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Boogers!
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