Friday, June 29, 2012
A Taxing Distinction For The Affordable Care Act: The Difference Between The Taxing Authority and Commerce Clause
Of corse President Obama and Congressional Democrats argued that the Individual Mandate is provision to require people to purchase Health Insurance. Is a regulation thats Constitutional under the Commerce Clause, which not even the Liberal Justices were buying and why they were calling it a tax. Which is exactly what it is and no one should have a hard time admitting that or understanding that but that just goes to the weakness of Barack Obama as President, looking at it from a political lens first. And trying to show people that he didn't raise taxes on anyone, including the Middle Class, which of course because of this tax is not true. But you gotta understand what kind of a tax it is and who it effects, people who have decided not to pay for their Healthcare. And pass those costs onto people who do not only pay for their Healthcare but for the Healthcare of people who can't afford to pay for Healthcare or have simply decided not to. Young professionals who are already making a good living and don't believe they will ever be sick or need Health Insurance. And have decided not to because they are healthy now and why pay for something that they don't need right now.
If you are already covered by Health Insurance, you aren't going to get hit by this tax. If you can't afford Health Insurance, you aren't going to get hit by this tax. But if you can't afford Health Insurance right now, you have a choice you have to make, either sign up for the Tax Credit. To purchase Health Insurance by yourself with the Tax Credit, take the plan that you now have available at work to pay for Health Insurance, that will now be offered because of the Tax Credit for employers. Or sign up for Medicaid, it depends on what you are making financially, Medicaid is for Low Income people, not lower Middle Class people who aren't poor enough to be eligible for Medicaid. So what Chief Justice Roberts did yesterday, was to bail out the Obama Administration, so they wouldn't have to call the Individual Mandate a tax. And stated the obvious and called it exactly what it is.
Had Chief Justice Roberts taken the advice from Justice Antonin Scalia of calling the ACA exactly what it is by how the law is written. The law gets thrown out yesterday, because the argument for the ACA is that its a regulation and therefor Constitutional based on the Commerce Clause. What John Roberts did was call the Individual Mandate exactly what it is, he called a pig a pig or whatever thing you want to use. He called it a tax and therefor ruled it to be Constitutional.