Sometimes you hate being right.
In chapter 4 of our book, The Blueprint: Obama’s Plan to Subvert the Constitution and Build an Imperial Presidency, my coauthor Ken Blackwell and I make the point that Team Obama would try to pull a fast one when it comes to Obamacare’s individual mandate that everyone reading this blog post needs to buy health insurance, or be subject to a penalty payable to your good friends at the IRS.
Ken and I first made this argument in a column we coauthored with Senator Orrin Hatch in the Wall Street Journal back in January. Now this issue has suddenly exploded back into the news.
For months, Team Obama has been saying that the individual mandate is authorized by Congress’ power to regulate interstate commerce found in the Commerce Clause. We explain in the book why that argument is a loser in court, and that the White House would have to pull a bait-and-switch and suddenly argue that the mandate is a tax (violating Obama’s promise not to raise taxes on anyone making less than $250K per year).
Looks like we were right. In their first filing against the multi-state lawsuit challenging Obamacare, Team Obama is now arguing that the individual mandate is… a tax.
If you read chapter 4 of our book, though, after we explain how the mandate is not authorized by the Commerce Clause, we then go on to explain how it is also unconstitutional if it’s a tax.