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| | The lawsuits against ObamaCare have reopened this issue because ObamaCare imposes a penalty (under Congress's taxation power) on non-exempt people who fail to purchase adequate health insurance. It is not an income tax, so it should not be authorized by the Sixteenth Amendment. It is not an excise tax, because it applies when there is no activity (declining to purchase government-approved insurance). Is it a "direct" tax? If so, then it would not be allowed unless it is apportioned by population, such that wealthy people pay no more than poor people. But if it is not a direct tax, then Article I, Section 8, Clause 1 may allow it: "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises." Lawsuits are pending to challenge ObamaCare based on what kind of tax it imposes, and the federal courts will be deciding this issue in the next year or so. | | The lawsuits against ObamaCare have reopened this issue because ObamaCare imposes a penalty (under Congress's taxation power) on non-exempt people who fail to purchase adequate health insurance. It is not an income tax, so it should not be authorized by the Sixteenth Amendment. It is not an excise tax, because it applies when there is no activity (declining to purchase government-approved insurance). Is it a "direct" tax? If so, then it would not be allowed unless it is apportioned by population, such that wealthy people pay no more than poor people. But if it is not a direct tax, then Article I, Section 8, Clause 1 may allow it: "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises." Lawsuits are pending to challenge ObamaCare based on what kind of tax it imposes, and the federal courts will be deciding this issue in the next year or so. |
| | | | |
| − | == Conclusion == | + | == Conclusion and Review== |
| | | | |
| | A government course -- and the final exam -- has these components: | | A government course -- and the final exam -- has these components: |
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| | *10% The media, public opinion, and polling | | *10% The media, public opinion, and polling |
| | *10% Interest groups, lobbying, political parties, and elections | | *10% Interest groups, lobbying, political parties, and elections |
| | + | |
| | + | === Specific Questions That You Should Be Able to Answer Correctly === |
| | + | |
| | + | '''U.S. Constitution/Amendments''': |
| | + | |
| | + | *What Articles of the U.S. Constitution Establishes Which Branch of Government? |
| | + | *What Are the most significant Amendments in the Bill of Rights, and what do they mean? |
| | + | *What the the most significant Amendments after the Bill of Rights, and what do they mean? |
| | + | *Why was the U.S. Constitution written and ratified? |
| | + | *What do "federalism", "separation of power," "checks and balances," and "judicial activism" mean? |
| | + | *What is incorporation doctrine? |
| | + | |
| | + | '''Interest groups, lobbying, political parties, and elections''': |
| | + | |
| | + | * |
| | + | |
| | + | |
| | + | * Party organization and apparatus |
| | + | * the Super PAC |
| | + | * Party platforms |
| | + | * Obtaining "the line" on the ballot in primary elections |
| | + | * how candidates are nominated |
| | + | * how the presidential race is shaping up |
| | + | * forecasting the midterm elections |
| | + | * the impact of the Citizens United decision |
| | + | * concept of the "political machine" |
| | + | * impact of referenda |
| | + | * phone-banking and other approaches |
| | + | * "get out the vote" |
| | | | |
| | == References == | | == References == |