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Politics : A US National Health Care System?
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To: TimF who wrote (23857)6/28/2012 5:50:08 PM
From: TimF  Read Replies (1) of 42652
 
Its not nearly so dense as I thought it wmight be.

But unfortunately it doesn't really explain where the tax power comes from. Sure there is the power to "lay and collect Taxes." Art. I, § 8, cl. 1, which is mentioned, but that power is limited by Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers"
.
The decision doesn't go in to any detail about why that point doesn't apply, it simply says - "A tax on going without health insurance is not like a capitation or other direct tax under this Court's precedents."

But it doesn't reference any of those precedents, and it clearly is a capitation tax, its a tax of a set amount per person, unrelated to income, not a tax of a transaction, and not apportioned among the states.

Decision can be found in HTML here
www2.bloomberglaw.com

and as a PDF here
supremecourt.gov
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