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they did the same thing with obamacare. first they argued it was a mandate and not a tax so it did not have to go back to the house for reconciliation.,
then when it got infront of the scotus the admin said it was infact a TAX and is legal and roberts agreed it was a tax..
the congress did not pass this as a tax, they passed it as a mandate, and barely.. the house if it went back to the house would have never passed a tax so harry called it a mandate and sent it right over to obamas desk and a mandate does not have to go back to the house for reconciliation, but a tax does...
they flipped it from mandate to tax midstream and wiggled their way through the system. but it is unconstitutional as well under the same premise.

"OH NO! He has a SON?" Neoconservatives and Liberals EVERYWHERE!

Rand Paul 2016