Propaganda: Obamacare is NOT a tax! And it’s constitutional!
- At the Supreme Court, the Obama Administration’s principal argument was: The authority to impose an Individual Mandate penalty rested within the Commerce and Necessary and Proper Clauses of the Constitution.
- The Supreme Court rejected this argument as unconstitutional, declaring it a significant overreach of Federal authority.
- However, the Supreme Court held that Obamacare could be construed as a tax and, as a tax, it would not be held unconstitutional. But only as a tax.
- Obamacare is a tax if it’s constitutional, and it’s unconstitutional if not a tax. Period.
You can read the actual Supreme Court Decision here. Be sure to read the dissenting opinions as well. There’s a tremendous defense of the Constitution and Freedom in Scalia’s dissent.
The White House is spinning to insist on its original argument despite the fact that argument was clearly declared unconstitutional.