Tags: rubio | obamacare | tax | penalty

Rubio: Obamacare Tax Penalty Unconstitutional

Tuesday, 04 Jun 2013 09:03 PM

By Todd Beamon and John Bachman

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Sen. Marco Rubio tells Newsmax TV that he proposed a constitutional amendment on Tuesday to negate Obamacare's individual mandate because "we want to make it abundantly clear that it is unconstitutional."

"The Supreme Court ruled that under Obamacare, the individual mandate that basically says if you don't buy health insurance, you're going to be punished with a tax or a fine -- they argued that it was legal," the Florida Republican tells Newsmax in an exclusive interview.

"That Congress could pass a law that basically makes you buy something by punishing you through a tax, that while they can't force you to buy insurance, they can force you to pay a tax for not buying insurance."

In upholding Obamacare last year, the nation's highest court ruled that the individual mandate, which requires individuals to purchase health insurance starting in 2014 regardless of their ability, was constitutional under the government's taxing authority.

Rubio's proposed "Right to Refuse" legislation would make it unconstitutional for Congress to enact a law that imposes a tax on citizens who fail to buy goods or services that Congress has deemed mandatory.

"What we're saying is that should be unconstitutional," the senator tells Newsmax. "With this amendment, we want to make it abundantly clear that it is."



Editor's Note: Read the full Newsmax interview with Sen. Marco Rubio:

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