1. Taxation without representation
“Because the penalty is not assessed on income, it is not a valid income tax. Because the penalty is not assessed uniformly or proportionately, and is triggered by economic inactivity, it is not a valid excise tax. Finally, because ObamaCare fails to apportion the tax among the states by population, it is not a valid direct tax.”
Despite Obama’s public statements that the individual mandate was not a tax, the Supreme Court ruled June 28, 2012, in a 5 to 4 vote, with conservative Chief Justice John Roberts siding with the majority, that the requirement that the majority of Americans obtain health insurance or pay a penalty was constitutional, authorized by Congress’s power to levy taxes.
2. Illegally bypassing Congress? Bribing states?
“The law encourages states to create health-insurance exchanges, but it permits Washington to create them if states decline. … ObamaCare authorizes premium assistance in state-run exchanges (Section 1311) but not federal ones (Section 1321).
“In other words, states that refuse to create an exchange can block much of ObamaCare’s spending and practically force Congress to reopen the law for revisions.”
The Obama administration, however, was furiously at work in an attempt to avoid a legislative debacle. The administration proposed an IRS rule to “offer premium assistance in all exchanges ‘whether established under section 1311 or 1321,'”
The Treasury Department, they continued, was “confident” that the IRS had the authority to offer premium assistance where Congress had not authorized it and that this overreach was “consistent with the intent of the law and [its] ability to interpret and implement it.”
“Such confidence is misplaced,” Adler and Cannon asserted. “The text of the law is perfectly clear. And without congressional authorization, the IRS lacks the power to dispense tax credits or spend money.”
wnd.com/2014/06/top-6-reasons-obamacare-is-probably-illegal/