National Federation of Independent Business v. Sebelius (2012) The Supreme Court held 5-4 that the individual mandate was legitimate, because it was in essence a tax, and struck down the provision that would withhold funds for states which did not expand the program.
However, the bigger issues are never mentioned -
- Does the federal, state, county, or local government have the power to demand the people engage in financial transactions (contract) with a third party?
- When, where, and how did the 'government' acquire this power?
- IF the federal government has the power mentioned above, is it reasonable to believe they can also demand citizens purchase vehicles, to legitimize the requirement to purchase 'car' insurance?
- IF the federal government has the powers mentioned above, is it reasonable to believe they can also 'regulate' what types, brands, and/or design of vehicle, or any other product, can be made available to the people?
- IF the federal government has the powers mentioned above, is it reasonable to believe the government can also demand the people only buy 'healthy' food, by removing all products the government deems as 'unhealthy' from the retail market?
- Unless the government removes all private health care companies and only offers government subsidized healthcare isn't this 'tax' a violation of free commerce?
- IF, the affordable care act is a tax*, shouldn't all insurance premiums go directly to a government entity?
- IF, the affordable care act is a tax*, when, how and why did the government give a private industry, health care insurance, the right, power, and/or authority to collect payments for services rendered as taxes?
- Citizens of America have the right to contract! That is, hire someone for a specific job, task, or to provide a service! They also have the right to refuse to contract without fear of fines, penalties, or violating restrictive government policies! This is the definition of government overreach, violating the peoples right to refuse to contract, and further financially harming them with mandatory fines for exercising that right!
- Since the government requires people to have health insurance, and have called it a tax, does that mean ALL 'services' received by a consumer are 'taxes', or just insurance, or just health insurance?
- IF health insurance, or any other 'service' type product purchased by a consumer, is a 'tax' - WHY are they allowed and/or required to charge and collect 'sales', or any other, tax on the transaction? Isn't that taxing a tax?
- The Constitution** gives Congress the power to regulate commerce***. Where does the Constitution mention creating a financial burden on the people?
- *Tax
- law refers to the rules made by the government to collect revenues. Taxes can be imposed on individuals, businesses, corporations, and other legal entities.
- **Article I, Section 8, Clause 3
- To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
- ***Commerce.
- The exchange of goods, products, or any type of Personal Property. Trade and traffic carried on between different peoples or states and its inhabitants, including not only the purchase, sale, and exchange of commodities but also the instrumentalities, agencies, and means by which business is accomplished.