Is the insurance mandate in ObamaCare unconstitutional?

[scooterbug44]

Isn't a federal income tax supposed to be unconstitutional too?

 

[idlewind]

Isn't a federal income tax supposed to be unconstitutional too?

No, there is an amendment that gives the government the authority to enact an income tax. No such amendment exists for all these other ponzei schemes and pork projects.

 

[Mango]

No, there is an amendment that gives the government the authority to enact an income tax. No such amendment exists for all these other ponzei schemes and pork projects.

I do no think that is entirely true. Social Security was found to not conflict with the Tenth Amendment. There are about two pages of actual argument,([FONT=Times New Roman, Times, serif]Helvering v. Davis)[/FONT] that Congress may spend money to promote the general welfare; that what the general welfare is changes with the times, and that the Depression had made old-age poverty a national problem.

One could argue that with the Great Recession, loss of jobs, lack of healthcare or high priced healthcare, it could result in a detriment to the general welfare, as well as higher government expense at a later time.

 

[30ashopper]

Isn't a federal income tax supposed to be unconstitutional too?

Sixteenth Amendment to the United States Constitution - Wikipedia, the free encyclopedia

Enacted back when we had a little more respect for the Constitution.

 

[30ashopper]

I do no think that is entirely true. Social Security was found to not conflict with the Tenth Amendment. There are about two pages of actual argument,([FONT=Times New Roman, Times, serif]Helvering v. Davis)[/FONT] that Congress may spend money to promote the general welfare; that what the general welfare is changes with the times, and that the Depression had made old-age poverty a national problem.

One could argue that with the Great Recession, loss of jobs, lack of healthcare or high priced healthcare, it could result in a detriment to the general welfare, as well as higher government expense at a later time.

Only if it can be argued that the fees are a true tax - this is clearly not the case with an insurance mandate.

Is Social Security Constitutional? by John Attarian

One of the positives that may come out of health reform - the court will be given the chance to revisit its mistakes of the past. This time around however, I doubt Obama will have it takes to threaten the court into singing off on his legislation.

"Never waste a good crisis."

 

[idlewind]

I do no think that is entirely true. Social Security was found to not conflict with the Tenth Amendment. There are about two pages of actual argument,([FONT=Times New Roman, Times, serif]Helvering v. Davis)[/FONT] that Congress may spend money to promote the general welfare; that what the general welfare is changes with the times, and that the Depression had made old-age poverty a national problem.

One could argue that with the Great Recession, loss of jobs, lack of healthcare or high priced healthcare, it could result in a detriment to the general welfare, as well as higher government expense at a later time.

Like I said, they should at least have the integrity to repeal the 10th amendment. Allowing huge programs based on "general welfare" basically voids the entire constitution. Then the Federal government can do what it wishes to do. Maybe it will want what you want and you will never need the protection against tyrany that the Constitution once afforded all Americans.