Obamacare, Constitutional challenges and the “Mother Of All Tax Increases”
Now that we’ve had the Democrat Congressional cram-down of Obamacare, and the constitutional challenges to same are heading for bat, a major point seems to have been lost by our side (and deliberately ignored by the Democrats). More on that in a moment.
Frequently cited as Constitutional justifications for the Obamacare are Congress’ authority under the “Commerce Clause” and it’s Constitutional taxing authority. Students of history know that FDR and his fellow “progressives” used threats of packing the U.S. Supreme Court to “persuade it” to embrace a tortured reading of the Commerce Clause, which in turn enabled the federal government to massively expand in size and scope, such that today’s application of the Commerce Clause would be incomprehensible to the Founding Fathers (as would the size, scope and intrusiveness of the federal government).
As to the taxing authority, it seems clear (based on comments by Democrat-Statist sympathizers) that Constitutional taxing authority will be at least one pillar of the government’s defense of Obamacare. That the IRS is invoked as an (if not the) enforcement agency or the “individual mandate” certainly lends credence to the supposition that Obamacare is premised (at least in part) on the federal government’s taxing authority.
But then it must follow that the payment of all “health-care premiums” by employers and individuals is now a form of a tax payment.
In turn then, is not the enactment Obamacare probably the largest tax increase ever enacted?
After all, the statists can’t have it both ways. If their Constitutional/legal authority to force people to procure health insurance is, in whole or in part, derivative of Constitutional taxing authority, then the revenues involved are taxes — that they are not sent directly to the IRS but instead to “approved” health plans is mere technicality and pretense.
The Democrat-statists worked diligently to mask the “official cost” of Obamacare, first by structuring the legislation to procure (a universally recognized as fallacious) CBO blessing of federal deficit neutrality, while ignoring the unified government deficit caused by Medicaid expansion and state tax revenue that would be required to fund same.
So it should not surprise us that they (and their sycophants in the dinosaur media) will try to finesse and spin the fact that Obamacare is probably by far the biggest tax increase ever imposed upon the American people, not just in peacetime but at any time in our history. But let’s face it, if the government compels you to spend money that you’ve earned as directed by the government, are you not just as deprived of the beneficial use of the earned income just as much as if it’s withheld from your paycheck and sent to the IRS?
If it walks like a tax increase, and quacks like a tax increase …