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A fine for not having healthcare is not only wrong…it’s unconstitutional By Rizzuto Mon Sep 21, 2009 - On This Week with George Stephanopoulos, President Barack Obama claimed that the government's plan to punish people who don't have healthcare with a fee is not a "tax", but rather a "mandate" which if not met would be punishable by a fine. Unfortunately for the president if the legislature is handing down a "fine", these actions are 100% unconstitutional. Article 1, section 9, clause 3 of the Constitution reads that, "No Bill of Attainder or ex post facto Law shall be passed." A Bill of Attainder is punishment handed down by the legislature to a person or group of people, essentially meaning that the legislature is adopting powers that are meant for the judiciary. A few days ago I covered Bill of Attainder, as Congressman Jerrold Nadler of New York had misused and abused the term in his defense of ACORN, so the concept was fresh in my mind. As a “constitutional scholar”, we can only assume that Barack Obama knew this…and lied right to our faces. As it turns out, the bill does indeed say "tax", making it clearly constitutional and making Mr. Obama clearly a liar.
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