It is material. If it was a penalty, the Court would look to the Commerce Clause- which it did, and said the Commerce Clause does not allow the Feds to force a penalty on citizens for not buying something.
If it was a tax the Court looked to the Government's taxing powers. Which I think ought to relate to only things that fall under Article 1, section 8, US Constitution. So it should have failed.
Roberts fell on his sword on the second point to get a win on the first point. The Commerce Clause is slowly being returned to its original intent from which it deviated around 1936.
ΜOΛΩΝ ΛΑΒΕ
Call your state legislators and insist they approve the Article V convention of States to propose amendments.
I pledge allegiance to the Constitution as written and understood by this nation's founders, and to the Republic it created, an indivisible union of sovereign States, with liberty and justice for all.
Call your state legislators and insist they approve the Article V convention of States to propose amendments.
I pledge allegiance to the Constitution as written and understood by this nation's founders, and to the Republic it created, an indivisible union of sovereign States, with liberty and justice for all.
Call your state legislators and insist they approve the Article V convention of States to propose amendments.
I pledge allegiance to the Constitution as written and understood by this nation's founders, and to the Republic it created, an indivisible union of sovereign States, with liberty and justice for all.
Call your state legislators and insist they approve the Article V convention of States to propose amendments.
I pledge allegiance to the Constitution as written and understood by this nation's founders, and to the Republic it created, an indivisible union of sovereign States, with liberty and justice for all.
Call your state legislators and insist they approve the Article V convention of States to propose amendments.
I pledge allegiance to the Constitution as written and understood by this nation's founders, and to the Republic it created, an indivisible union of sovereign States, with liberty and justice for all.