Obamacare: Any Tax is Constitutional

by Nick Stone of Drawnlines Politics.

If you don't think the Obama administration is completely out of control and radical, then you are simply not paying attention.

Weekend news from none other than the New York Times says that the Obama White House is now admitting that penalties and fees associated with the recent health care reform package commonly known as "Obamacare" do indeed constitute a new tax on American families.  As if the package wasn't already deeply unpopular, this should surely warm Americans right up to the idea.

The stunning reversal might not seem like news at all to many, but let me recall this poignant exchange between the president and George Stephanopoulos:



So after several promises to NEVER increase ANY taxes on families making under $250k, why would the president now go out of his way to change talking points and sell Obamacare as a tax?  Oddly enough, the answer might be that a new tax is the only way to argue that Obamacare is constitutional.

Florida Attorney General Bill McCollum reminds voters at every stump speech that he was the first to legally challenge the constitutional legitimacy of Obamacare, and that without a so-called "severability clause" the entire bill is taken off the books if any part of it is deemed unconstitutional.  With dozens of states joining Florida's federal law suit, the White House is understandably shaking in its boots.

The White House and congressional allies had argued that under the Commerce clause of the constitution, the federal government has broad authority to regulate interstate commerce including the purchase of health care.  However, conservatives have counterpunched that never in history has the government been allowed to force the purchase of a private good.  Nor, they argue, has the government been able to define the absense of a purchase (e.g. not buying health insurance) as an example of interstate commerce.  McCollum always seems confident that this argument will fail in court and Obamacare will be overturned.

To save its pet project, the White House appears to have bit the bullet of unpopularity that all new taxes bring.  President Obama has strategically now pivoted to arguing that the federal government has broad authority to create and collect new taxes, and that includes Obamacare taxes.  However unpopular, this argument may be Obamacare's last hope...

The desperate move also shows us the Ace up the sleeve of a power-thirsty administration hell bent on enacting its agenda, party and country be damned.  This is a radical, out of control government.

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Posted by Nick Stone on 9:09 AM. Filed under , . You can follow any responses to this entry through the RSS 2.0

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