The Democrats refuse to accept the argument that the ObamaCare mandate is a tax. They continue to call it a penalty. It may not matter which word is used to describe the mandate because both may still be unconstitutional.
Nancy Pelosi said the mandate is “a penalty that comes under the Tax Code” for free riders. Penalties are punishment, are they not? Punishment comes after someone has been convicted of a crime. So where’s the due process here? Since when does the legislature get the declare a large group of Americans guilty of being free riders and then slap them with a tax or a penalty?
This mandate is unconstitutional no matter which term is used because it’s a bill of attainder.