Why the ObamaCare Tax Penalty Is Unconstitutional

The Justice Department announced last week that it would defend the new federal health-insurance mandate as an exercise of Congress’s “power to lay and collect taxes,” even though Barack Obama had insisted before the bill’s passage that it was “absolutely not a tax increase.” The truth is the mandate is not a tax—and if it were it would be unconstitutional. – J. Kenneth Blackwell and Kenneth A. Klukowski – Wall Street Journal

This is the most compelling argument yet on the ObamaCare tax penalty. We have enclosed a Wall Street Journal article dated September 21, 2009, where Obama was adamant the penalty was not a tax.  And of course there is the Obama Stephanopoulas interview where Obama goes to great lengths saying the Health Care tax penalty is not a tax.