I just read an article making the point that there is nothing in the Affordable Care Act, AKA ObamaCare, which gives the IRS authority to actually enforce the individual mandate provision. Yet, Obama is creating even more jobs (more GOVERNMENT jobs, of course) by hiring thousands of new IRS agents in preparation for enforcing the individual mandate as a TAX.
However, under ObamaCare, the IRS apparently lacks the authority to freeze bank accounts, garnish wages, charge penalties for not paying the tax, etc. Why? Probably because the too-smart-by-half Democrats didn’t pass it as a TAX; they passed it as a PENALTY.
According to the article, the only thing they can do is withhold someone’s tax refund for those entitled to one and who it can be shown hasn’t bought health insurance, as required by the individual mandate. Aside from that, all the IRS can do is send taxpayers threatening letters demanding that they pay the tax if they don’t have health insurance as required by ObamaCare. Of course, many people, receiving threatening letters from the IRS, our modern day equivalent of the Gestapo, will go ahead and pay the “tax” anyway, just because they’re afraid of the IRS.
But this article got me thinking, what about the “other” reason the IRS has no authority to collect the ObamaCare individual mandate tax?
Our Constitution, yes, that historic document which is reinvented by liberal judges (and some conservative ones, too, it seems, Justice Roberts) and routinely ignored by the Obama Administration, clearly states that all TAXES must originate in the House of Representatives. Sections 7 and 8, Article I, US Constitution, spell out the Congress’ taxing powers.
Since it would seem that a tax must be debated and passed as a tax and since the then-Democratically controlled House passed the ObamaCare provision as a PENALTY and not a TAX, and the Democratically controlled Senate passed it that way, too, and Obama signed it into law that same way, it’s now being determined to actually be a TAX by Chief Justice Roberts and the Supremes means that it is a TAX which was never passed as such in the House of Representatives, and is, therefore, legally unenforceable by the IRS or anybody else.
I know that last part may sound like some lawyer-ese (otherwise known as convoluted thinking) and for that, I apologize, but I tried to make my point in plain English. So, thoughts anyone?
(For referenced article, see (see http://www.naturalnews.com/036495_Obamacare_IRS_penalty.html)