Does this limit his campaign arsenal?
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- You stated, "As a penalty the law fails to stand up to a Constitutional challenge." That's inaccurate, sorry.Jul 1, 2012
- "The individual mandate thus cannot be sustained under Congress’s power to 'regulate Commerce.'"
-- www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf (page 3, 2nd paragraph)
As a penalty, the law failed the constitutional test. As a tax, though, it's passed it. Thus, it was ruled to be a tax. Jon Stewart (of The Daily Show) joked that they were citing the landmark supreme court case Peeing On My Leg v. Telling Me It's Raining. I laughed.Jul 1, 2012
- yes, but it's a "penalty" tax. semanticsJul 1, 2012
- I'm not sure "penalty tax" means anything in law. It was debated as an either-or question; claiming it's both seems like a cop-out.Jul 1, 2012
- As I said, semantics. Call what I said a "cop-out," but it's still a penalty tax. Also the statement, "the individual mandate thus cannot be sustained under Congress’s power to 'regulate Commerce," doesn't negate anything I've said. You say it's not a penalty and instead is a tax. I'm telling you it's both.Jul 1, 2012
- As long as "penalty tax" doesn't mean "You have broken the law if you have to pay this tax," we have no dispute.Jul 1, 2012