As reported by The Daily Caller, Congress could be fined up to $50 million annually by its own health-care law if low-level aides apply for government subsidies to help pay their health-care costs.Generally, with some exceptions, the federal government cannot tax state and local governments without those governments' consent. It is a matter not only of federalism, but of sovereignty.
The new memo from Congress’s research arm states that state and local governments would be on the hook for such fines as well – but argues those fines may be unconstitutional under Supreme Court precedents on federalism.
The issue is important because a slew of states are challenging the health-care law’s legality in court. If governments were found to be exempt in court, a ruling could establish one set of rules for the private sector and another more lenient set for the rapidly expanding public sector.
Of course, when Congress passes a massive piece of legislation, without taking the trouble to read it, understand it and then rush it through, the fact that these considerations were not addressed is not particularly shocking. Still for those states that have challenged the constitutionality of the law, this is just more fodder for the cannon.
Read more: http://dailycaller.com/2010/05/02/crs-memo-raises-fresh-constitutional-questions-about-obamacare/#ixzz0mydDeGiD