web analytics
May 25, 2015 / 7 Sivan, 5775
At a Glance
InDepth
Sponsored Post


J.E. Dyer: Implications of the New ‘Tax-Mandate’ in Obamacare

The U.S. Supreme Court building.

The U.S. Supreme Court building.
Photo Credit: Nicolas Stambach

So, this is how I understand the Supreme Court decision on ObamaCare.  Congress wrote an individual mandate – to purchase approved health insurance – into the law.  President Obama spoke with great certainty of the provision being a mandate, and not a tax.  Congress didn’t write the mandate in words that would make it a tax.  The description of the provision doesn’t fit that of a tax.  The provision is that you are required to buy something from a commercial vendor – i.e., not send revenue to the government, which is the exact definition of what a tax does – and that you are required to do so if you fit a certain income or employment profile; if you don’t fit the profile, you aren’t required to make the purchase; but if you do fit the profile and fail to make the purchase, you will be fined.

The Supreme Court of the United States (SCOTUS) decided that that’s a tax.

This is what a tax now looks like?  This is an open invitation to “tax” via whatever mandate sounds good to you.  What sort of unequal-before-the-law mandate would not fit this definition of a tax?  Congress can do anything it wants, by the logic of this decision, with the judicial precedent set that levying mandates equals using the power to tax.

Let’s mandate that every adult in America with an income over $80,000 a year has to buy a Chevy Volt or pay a fine.  Make it a 5-year recurring requirement, with the vehicle selected according to the preferences of environmentalists and unions.  Use the IRS to gather the necessary data and enforce the requirement.  It’s just a tax – why not?

Why can’t Congress tell us the size of house we are allowed to buy, require us to buy it, and fine us if we don’t?  Congress would just be taxing us by doing this.  Why can’t Congress mandate that we pay for two weeks of vacation at the tourist hotspots approved by Congress, and fine us if we don’t?  Why can’t Congress order us to pay for college and fine us if we don’t?  Buy furniture, buy certain types or brands of food, use a certain minimum amount of electricity or natural gas; get tattoos, buy a minimum amount of clothing each year – or buy only a maximum amount of clothing, and use only a maximum amount of electricity or natural gas – why can’t Congress require any or all of these things via a Tax-Mandate?

This is a very serious question.  If nothing in the US Constitution or legal precedent can be held to stop Congress from levying an unequally applied health-insurance purchase mandate, then what could stop Congress from levying any other unequally applied purchase mandate?  The same things that would stop a lawn-care or makeup purchase mandate should have knocked down the health-insurance purchase mandate.

It is deeply saddening to see the torture of our law and our idea of law in this instance.  Congress did not, in fact, write a tax; Congress wrote and intended to write a mandate.  SCOTUS has done great harm by so dangerously enlarging the effective definition of a “tax” – and by assuming the privilege of telling Congress what Congress actually did when Congress meant to frame a mandate.  The difference between purchase “mandate” and “tax” is a very real one from every perspective of government and law, and SCOTUS has irresponsibly elided them.

I say the court did not have the constitutional power to do that.  For the purposes of enforcement and politics – in terms of their meaning to our lives – the two things are obviously different.  They are validly separate categories, and it is overriding reality and the common sense of the people to decide that the one is to be interpreted as the other – and will therefore be treated as the other in terms of Congress’s constitutional powers.

If this decision was to be made at all – that a mandate is a tax, and Congress is empowered accordingly – Congress should have made it.  This transformational decision about definitions and distinctions in the law wasn’t for the Supreme Court to make.  A better approach for the court would have been to accept that Congress intended to write a mandate, and rule – on the basis expressed in the majority opinion itself – that Congress doesn’t have that power.  The court could have added that if Congress wanted to write a tax, it could do so.

About the Author: J.E. Dyer is a retired US Naval intelligence officer who served around the world, afloat and ashore, from 1983 to 2004.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “J.E. Dyer: Implications of the New ‘Tax-Mandate’ in Obamacare”

Comments are closed.

Current Top Story
Israeli-flag
A Palestinian State in the West Bank – World Hypocrisy
Latest Indepth Stories
Israeli-flag

U.S and European demands for the creation of a Palestinian State in the West Bank is world hypocrisy.

Harris-052215

We take a whole person approach, giving our people assistance with whatever they need.

Shalev and Rabbi Levinger

During my spiritual journey I discovered G-d spoke to man only once, to the Jewish people at Sinai

MK Moshe-Feiglin

20 years after the great Ethiopian aliyah, we must treat them like everyone else; no better or worse

Connecting Bamidbar&Shavuot is simple-A world without Torah is midbar; with Torah a blessed paradise

Many Black protesters compared Baltimore’s unrest to the Palestinian penchant of terrorism & rioting

She credited success to “mini” decisions-Small choices building on each other leading to big changes

Shavuot 1915, 200000 Jews were expelled; amongst the largest single expulsions since Roman times

Realizing there was no US military threat, Iran resumed, expanded & accelerated its nuclear program

“Enlightened Jews” who refuse to show chareidim the tolerance they insist we give to Arabs sicken me

Somewhat surprisingly, the Vatican’s unwelcome gesture was diametrically at odds with what President Obama signaled in an interview with the news outlet Al Arabiya.

The recent solid victory of Prime Minister Benjamin Netanyahu’s Likud Party produced something very different.

The reaction is so strong that nine times out of ten, parents engage in some form of coping mechanism before arriving at a level of acceptance of a special-needs diagnosis.

“…his neshamah reached out to us to have the zechus of Torah learning to take with him on his final journey.”

More Articles from J. E. Dyer
Iran Shahed, with stern decked out in Yemeni flags. Iranian flag flies from traditional position on center fantail.

Activists from US, France, Germany & from Iran’s media are aboard because the ship’s a cause célèbre

Pope Francis in Jerusalem on May 26. 2014.

“…the Pope did the exact opposite of what the media reported: he urged Abbas to change his ways.”

The world’s more vulnerable to predation, eruption, and chaos than it has been in at least 600 years

Iran stands unopposed by the “international community” and is racing to assert regional dominance.

The S-300 poses a major problem; Israel will have to get creative as to if, when & where it strikes

In the last weeks of the talks the US excluded every other delegation from negotiations with Iran.

Israel has never invoked the agreement, but Israel sources say that its importance lies in its very existence.

The Senate formed a bipartisan panel investigating money from the Obama adm. to an anti-Bibi group

Printed from: http://www.jewishpress.com/indepth/analysis/j-e-dyer/j-e-dyer-implications-of-the-new-tax-mandate-in-obamacare/2012/06/29/

Scan this QR code to visit this page online: