HUM/111 Critical and Creative Thinking
July 8, 2012
Chief Justice John Roberts stated that is was a tax, however, the debate continues on how to clarify The “Affordable Care Act”. The debate as well as the country is divided on how the law will proceed, and the language used to define it, will shape the 2012 Presidential election.
On June 28, 2012 The Supreme Court voted 5-4 to uphold The Affordable Care Act, also known as “Obama Care”. The decision stated that as long as the individual mandate is a tax, then congress has the power and authority to levy it. The word “tax” or the word “penalty” may seem like semantics in the large scheme of things; however these two words are at the very core of the debate. A tax, for the most part is a sum of money demanded by the government for its support, or for specific facilities or services.
A tax is not voluntary; it is levied upon incomes, property, sales etc. A penalty is a punishment established by law or authority for such things as crime, offenses, or failure to do something. The Four Supreme Court Justices that hold the dissent feel that the government imposing a penalty on American citizens who chooses not to purchase health insurance is unconstitutional. The four justices that were in favor of “Obama care” believe that the government has the power to impose a penalty on those who do not purchase health insurance.
The deciding vote came down to Chief Justice John Roberts. The interesting part of his decision is that he agrees with the dissent, that the government does not have the power to impose a penalty; however they do have the power to levy taxes.
Roberts’s decision goes directly to the heart of the controversy, because for two years the Obama administration clearly stated that... [continues]
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