I think America's Scared to have a Man-Date

Holy shit. Lawrence O'Donnell was really right about something. Based on his background, it should come as no surprise that Lawrence does actually seem to be fairly competent with the USC. Perhaps I simply missed the conversation about what the individual mandate actually is, but when I finally looked it up to verify, I was shocked.

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There is no such thing as the individual mandate. Wow. Lawrence is absolutely correct.

According to 26 USC § 5000A(g)(2)(A):

(A) Waiver of criminal penalties

In the case of any failure by a taxpayer to timely pay any penalty imposed by this section, such taxpayer shall not be subject to any criminal prosecution or penalty with respect to such failure.

Under this section of the IRS code, you cannot be thrown in jail for not having health insurance. It is that simple. Well simple is not the right word as the Patient Protection and Affordable Care Act is 906 pages long, and even by legal standards is fairly complex. But not going to jail over failure to pay the mandate tax, maybe someone in the Obama Administration should have explained this point, repeatedly.

26 USC § 5000A(g)(2)(B)(i)-(ii):

(B) Limitations on liens and levies

The Secretary shall not—

(i) file notice of lien with respect to any property of a taxpayer by reason of any failure to pay the penalty imposed by this section, or

(ii) levy on any such property with respect to such failure.

The IRS cannot file a lien or place a levy on a person for failing to pay the penalty created by the individual mandate.  So if Person A doesn't have health insurance, they will be slapped with an approximate $100 tax (fine); however the government cannot put Person A in jail, secure a lien, or place a levy.  Essentially as the law is written, there is no way for the government to get the money.  Therefore, if the individual mandate is the only section of the Patient Protection and Affordable Care Act to be struck down, it would seem consequence free for the Obama Administration. Yes that's right, the mean over-intrusive federal government is going to force you to have health insurance by doing nothing to force you to have health insurance.

Ass-hats.

I think the Obama Administration should  find an attorney and a cartoonist and have them come up with simple explanations for controversial laws, instead of having people just tune into Fox News where they hear stupid shit like death panels.

Liam '12

Freedom Just For Me