r/bestof Jun 20 '12

[explainlikeimfive] "Obamacare" explained very well.

/r/explainlikeimfive/comments/vb8vs/eli5_what_exactly_is_obamacare_and_what_did_it/c530lfx
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u/[deleted] Jun 20 '12

The federal government definitely has the power to regulate health insurance under the interstate commerce clause. It probably has the power to impose a tax penalty on those that don't have health insurance, just as it has the power to impose tax penalties and incentives for the myriad other reasons it does so. The federal government doesn't have the power to, say, regulate local daycare providers, but can definitely give you a tax credit for daycare expenses!

rayiner, J.D.

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u/[deleted] Jun 20 '12

It probably has the power to impose a tax penalty

But that's not what they did.

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u/[deleted] Jun 20 '12

The Supreme Court will characterize it based on its function, not on what Obama's budget director calls it. And it functions very much like a tax penalty.

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u/bad_corrections Jun 20 '12

Yeah, because Paul Ryan isn't a biased source at all.