A Little Obamacare History
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Thread: A Little Obamacare History

  1. #1
    Senior Member GaryJ's Avatar
    Join Date
    Dec 2012

    Default A Little Obamacare History

    I had a great conversation with the Legislative Director and Counsel for my Congressman today.

    I was questioning the legality of the tax on Obamacare for those who elected not to buy insurance and why my Congressman was not taking action.

    Article 1 Section 7 of the Constitution says "All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills."

    The Supreme Court ruled the fine is really a tax. It did not rule on the legality of the tax.

    I was under the impression that Obamacare (Affordable Care Act) was a different Bill from the Senate than the House and therefore the tax would be unconstitutional. Well I was right and wrong. I was right that the Bill from the Senate was different than what the House sent it. I was wrong that the Bill Number is the same.

    I understand tweaks and changes and while it may not be illegal it is morally unethical IMHO that such a wholesale change can take place.

    Here is the Bill history that ultimately became Obamacare.

    1. Service Members Home Ownership Tax Act of 2009 (Introduced in House - IH)[H.R.3590.IH]
    2. Service Members Home Ownership Tax Act of 2009 (Engrossed in House [Passed House] - EH)[H.R.3590.EH]
    3. Service Members Home Ownership Tax Act of 2009 (Placed on Calendar Senate - PCS)[H.R.3590.PCS]
    4. Patient Protection and Affordable Care Act (Amendment in Senate - AS)[H.R.3590.AS]
    5. Patient Protection and Affordable Care Act (Public Print - PP)[H.R.3590.PP]
    6. Patient Protection and Affordable Care Act (Engrossed Amendment Senate - EAS)[H.R.3590.EAS]
    7. Patient Protection and Affordable Care Act (Enrolled Bill [Final as Passed Both House and Senate] - ENR)[H.R.3590.ENR]
    Hebrews 11:3 By faith we understand that the worlds were framed by the word of God, so that the things which are seen were not made of things which are visible.

    What if all we have today is what we gave thanks for yesterday?

    Let the views of others educate and inform you, but let your decisions be a product of your own conclusions. (Jim Rohn)

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  3. #2
    Senior Member Gerry Clinchy's Avatar
    Join Date
    Aug 2007


    Yes, Gary, that was how the bill got passed. The Senate stripped out all the innards of the House bill & replaced that with the ACA content. The bill that came out the other end had NEVER been voted upon by the House with the content as it was passed by the Senate. I don't quite understand why that is legal, but it is. As you say, though, certainly not moral; and, indeed, very underhanded.

    Just stumbled across a "loop hole" in the ACA individual mandate tax. I haven't researched it, so wonder if it is accurate.

    the only way that they can collect the penalty or the fine is by taking money from your refund. If you are not owed a refund, they cannot get money from you. They can't issue a lien. They can't garnish your wages. They can't use any of the normal procedures available to them if you owe them money, even though the Supreme Court has said it's a tax.
    Evidently, while the penalty for non-compliance with ACA is, indeed, a tax, it is not "income tax". Therefore, the IRS is not authorized to use the methods to collect this tax that it can use to collect unpaid income tax.

    The 47-year-old author of the article is intending to purchase insurance and also determined not to pay the tax, so he is making sure that his payroll deductions will not leave any refund due him on his Fed income taxes.

    If many people use this loop hole, it would add to the negative revenue impact on ACA, assisting in its implosion.

    The irony is that in order to insure the 10% of the population that were uninsured, it could turn out that an equal or greater number of individuals become not only uninsured, but criminals as well.
    "Know in your heart that all things are possible. We couldn't conceive of a miracle if none ever happened." -Libby Fudim

    ​I don't use the PM feature, so just email me direct at the address shown above.

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