Is the ObamaCare tax, for not buying health insurance, a direct tax?Submitted by gsuitter on Fri, 10/04/2013 - 23:31
I would say yes.
If so is it not subject to Article 1 Section 9 of the Constitution, “No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.”
Is the ObamaCare tax laid in proportion to the census as required? No.
Many websites posting the Constitution add the disclaimer that Article 1 Section 9 was clarified by the 16th Amendment. The 16th Amendment states “The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.”
The ObamaCare tax is not laid and collected on income so the apportionment waiver does not apply. And since the 16th Amendment did not abolish Article 1 Section 9 does the ObamaCare tax, or any direct tax not on income, not need to be apportioned among the states to be constitutional? I would think so or where am I going wrong?