Jim DeMint at the 12/15 High Noon/Code Red Tea Party That’s what we’re calling him now, Jimmy D. (Via HotAir)

On a related note, am I the only person wondering out loud how the Senate’s toothless version of the individual non-mandate squares with Pelosi’s get it-or-go to jail version? Why does everyone just seem to assume the Senate’s version is going to win?

Remember, Pelosi’s version includes a $250,000 fine and up to 5 years in jail for “willful” violations.

Here’s the Senate version:

(2) SPECIAL RULES.—Notwithstanding any other provision of law—

‘‘(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.

‘‘(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.

There’s no penalty at all for failing to get insurance or failure to pay the penalty. It’s not a mandate.

Here’s the House version:

Criminal penalties

Prosecution is authorized under the Code for a variety of offenses.  Depending on the level of the noncompliance, the following penalties could apply to an individual:

• Section 7203 – misdemeanor willful failure to pay is punishable by a fine of up to $25,000 and/or imprisonment of up to one year.

• Section 7201 – felony willful evasion is punishable by a fine of up to $250,000 and/or imprisonment of up to five years.” [page 3]

What am I missing? These are two wholly irreconcilable variations of the mandate. They both can’t exist at the same time. Does anyone think Queen Pelosi’s just going to roll over and take the Senate’s version without a fight? Seriously?

I sure as hell don’t. Remember this is a woman who incredulously responded “are you serious?” to a question concerning the Constitutionality of ObamaCare and the mandate:

I challenge anyone to give me one good reason why they think the Senate’s non-mandate will win the day. I’m telling you it won’t.

Heritage has a long but well-argued piece on why the mandate is unconstitutional.

Russ

Update on Wednesday, December 23, 2009 at 7:53AM by Russ

The Strident Conservative links.

Thanks!

Update on Thursday, December 24, 2009 at 11:03AM by Russ

The Stafford Voice links.

Thanks!