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Old July 8, 2012, 09:10 PM   #4
raimius
Senior Member
 
Join Date: January 27, 2008
Posts: 1,310
While Roberts did walk the Constitutional Law tightrope, the tax question takes center stage for me. What are the implications of Congress being able to penalize/tax people's refusals to buy a certain type of good or service?

I am glad Roberts kept the Commerce Clause from expanding further, but am concerned that he allowed the taxation power to replace it as the vehicle of choice for expanding government power.
Where are the limits?

As an aside, what happens when the Executive and Legislative branch deny that a law is a tax, after the SCOTUS ruled that it can only stand as a tax? It is not like the SCOTUS will rehear the case based on a press release, but it doesn't make sense for the drafters of a law to claim the only reason the law can be upheld is not what they wrote.

Last edited by raimius; July 8, 2012 at 09:15 PM.
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