Ken Blackwell and Ken Klukowski: Why the ObamaCare Tax Penalty Is Unconstitutional
ACRU Senior Fellow Ken Blackwell and ACRU Senior Legal Analyst Ken Klukowski wrote this column appearing July 22, 2010, on The Wall Street Journal.
The Justice Department announced last week that it would defend the new federal health-insurance mandate as an exercise of Congress’s “power to lay and collect taxes,” even though Barack Obama had insisted before the bill’s passage that it was “absolutely not a tax increase.” The truth is the mandate is not a tax—and if it were it would be unconstitutional.
A tax is when the government takes money from individuals, puts it in the Treasury, and plans […]

