Rubio introduces constitutional amendment to overturn Obamacare mandate

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U.S. Senator Marco Rubio (R-FL) on Tuesday introduced an amendment to the U.S. Constitution providing that “Congress shall make no law that imposes a tax on a failure to purchase goods or services.”

The provision would invalidate the individual mandate to buy health insurance under Obamacare and prevent future attempts to tax individuals and businesses for failing to purchase goods and services Congress has deemed mandatory to have.

“ObamaCare is a disastrous policy that is not only destructive to job creation, it will also unleash the corrupt and scandal-ridden IRS on taxpayers simply for not buying health insurance,” Rubio said in statement released by his office.

Instead of having Congress dictate such decisions, and empower the IRS to enforce them, Rubio said “we should put our faith in the American people to decide what goods and services they want to buy.”

“Let’s do everything we can to keep the IRS out of our health care and stop future congresses from forcing private citizens to spend their hard-earned money on products or services Washington is forcing on them.”

Companion legislation, H.J. Res. 28, has been introduced in the U.S. House of Representatives by Congressman Steven Palazzo (R-MS).

Rubio’s proposed amendment faces an uphill battle as it requires a two-thirds majority in the House and Senate, and must also be ratified by three-quarters of the states in order to become part of the Constitution.

By a vote of 5-4, the Supreme Court upheld the individual mandate as valid under Congress’s power to levy taxes.


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