Legal Question in Constitutional Law in New Jersey
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?
Asked on 4/11/13, 11:45 am
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
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.
Answered on 4/11/13, 1:10 pm
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