ATR today sent the following letter to Cong. Steven Palazzo (R-Miss.):
On behalf of Americans for Tax Reform, I am pleased to support H. J. Res. 28, your Constitutional amendment to prevent Congress from enacting any future “Obamacare mandate” style tax penalties.
When the Supreme Court upheld the Affordable Care Act’s individual mandate in
June 2012, the Court stated that the Affordable Care Act’s individual mandate was a valid exercise of the congressional taxing power cited in Article I, Section 8 of the Constitution.
In the majority opinion, Chief Justice John Roberts stated that while “the Federal Government does not have the power to order people to buy health insurance… [it] does have the power to impose a tax on those without health insurance. Section 5000A [the individual mandate] is therefore constitutional, because it can reasonably be read as a tax.”
If passed, your “Right to Refuse” Amendment would exempt individuals and businesses that opt not to purchase insurance from facing thousands in mandate taxes set to take place in 2014. It would also permanently prevent Congress from passing future legislation forcing Americans to choose between purchase of goods and services or tax penalties.
There are 20 new or higher taxes in Obamacare, none worse than the penalty tax provisions. Your amendment will prevent any further damage to taxpayers’ freedoms.