Healthcare Individual Mandate Constitutional

[tcostel]

Ahh, here it is. The distinction between tax and penalty.

Why the Individual Health Care Mandate is Unconstitutional

As recently as 1996, the Supreme Court reiterated the crucial distinction between a penalty and a tax. It ruled that “[a] tax is a pecuniary burden laid upon individuals or property for the purpose of supporting the Government,” while a penalty is “an exaction imposed by statute as punishment for an unlawful act” or - as in the case of the individual mandate - an unlawful omission. The individual mandate is a clear example of a penalty, where Congress requires people to purchase health insurance, and then punishes them with a fine if they fail to comply.

Also, even if it were a tax, the purpose of the penalty is to punish people who do not comply with a federal mandate. The constitution states in the general welfare clause that taxes can only be levied with the intention of providing for the general welfare, which the tax does not.