Sunday, 23 February 2014

How the U. S. Supreme Court has the authority to change the definition of a mandate into a tax. I thought only the House could pass taxation?

Question

How the U. S. Supreme Court has the authority to change the definition of a mandate into a tax. I thought only the House could pass taxation?



Answer

I presume you're referring to last year's health-care decision.

The Supreme Court will only declare a law unconstitutional if it exceeds the authority of Congress. The health-care laws were affirmed because they are within Congress's taxing authority. Congress may not have thought of it as a tax at the time, but that isn't what matters.



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