Another area of concern that those who object the

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buying health insurance.
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Another area of concern that those who object the individual mandate have is the fact that Congress will be taxing individuals who will not be participating in something. The Supreme Court has come up with three considerations that show their argument to be moot. A capitation is a tax that everyone must pay simply for existing. There is nowhere in the Constitution of the United States that states that individuals may avoid tax by inactivity (pp 41 567 U.S.). Under the Commerce Clause, the Constitution protects us from Federal regulation as long as we do not participate in that commercial activity. However, the Supreme Court states that, “the Constitution has made no such promise with regards to taxes” (pp 42 567 U.S.). The concept that needs to be examined here, according to the ruling, is that we must see whether Congress has properly exercised its taxing power. The question here not to ask can Congress exercise this power, because by the power of the Constitution it can. According to the ruling, upholding the mandate under the taxing clause does not recognize any new power, it just determines that Congress has used an existing power (pp 42 567 U.S). The second consideration to consider is that there is a limit to the amount that Congress can use its power to influence conduct of the American people. The Court has maintained that “there comes a time in the extension of the penalizing features of the so-called tax when it loses its character as such and becomes a mere penalty with the characteristics of regulation and punishment.” The last consideration is that although the Constitution giver Congress greater power to tax than to regulate commerce, this does not give Congress similar control over the behavior of Americans (pp 43 567 U.S.). Under the Commerce clause, Congress can tell an individual what they can do and cannot do and if that individual does not obey they will face punishment. Congress’ taxing power is relegated to requiring an individual to pay money. As
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long as an individual pays the tax that is due, Congress has n power to punish this individual (pp 44 567 U.S.). The Affordable Care Act is the biggest piece of legislation to not only affect the healthcare industry, but at the same time have an enormous effect on the taxation system of the United States. Not since the Fair Deal has there been such a profound change on the healthcare system that will have an effect on every single American. Although the full provisions of the Act are still a few years away, the next few years will feature some provisions that have been topic of great discussion and upheaval among individuals and corporations, simply for their tax effect. This paper has discussed the history of taxation and how from the beginning there have been movements by Congress to foster a national healthcare system that was introduced many times but failed to come to fruition. The big question was always, how the United States government would fund such a massive expenditure. Today President Obama and Congress believe they have
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