Both can be challenged. However, that's a separate issue. The fact is you have to break a second law in order to be concerned about jail. Not having insurance does not land you in jail.I was defining the word "Tax" and "Fine". It was not directed at the going to jail part of this discussion. The fact that people are calling it a tax is disingenuous. The fact that the Government is calling it a tax and linking it to the tax codes is also disingenuous and a flat out lie. One needs to only look at the definitions of the two words to see this.
I have a theory as to why the government is calling it a tax and is linking it to the tax code. Though I'm sure that there's no way to substantiate this.
The theory is this.
If it was instead called a fine by the government and treated as such it would be handled through the courts directly. This allows people to challenge it much easier.
Going through the tax code however the government then creates more legal red tape before it ever gets to the courts. All they have to do is use the same kind of argument that you are trying to put forth. Even if that argument is disingenuous because it tries to seperate the two. Even though they are linked.
As I said, we can keep repeating all this if you care to, but until you show the basic fact to be false, which is that you do not go to jail because you don't have insurance, words like linked and speculation about things being harder do not change the basic facts.