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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Learn the difference between legal and good | 355 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
People affected by the individual mandate
Authored by: cjk fossman on Tuesday, July 03 2012 @ 03:42 PM EDT
This is not about some ambiguous thing called 'the
government.' It is about the actions of congress.

Congress has always had the power to tax. It's in the US
Constitution.

It has long been recognized that taxation influences
behavior. Secretary of the Treasury Alexander Hamilton
advocated high tariffs to promote industrialization in the
US. High tariffs raise the cost of foreign goods,
influencing people to buy the domestic version.

Offering tax incentives is a more palatable way to influence
behavior, but the incentive just shifts the tax burden to
those who don't qualify.

[ Reply to This | Parent | # ]

Learn the difference between legal and good
Authored by: jjs on Wednesday, July 04 2012 @ 10:27 AM EDT
Yes, Congress could mandate a tax on inefficient cars - in
fact such taxes have been proposed, and based on this ruling
would be constitutional. Right now there is sort of such tax
on houses - install energy efficency gains and get a tax
break.

As Chief Justice Roberts indicated, this ruling took no stand
on whether the law was good or not, only was it legal.
Sometimes legal isn't right. sometimes right isn't legal.

---
(Note IANAL, I don't play one on TV, etc, consult a practicing attorney, etc,
etc)

[ Reply to This | Parent | # ]

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