According to the ACA, if you don't have coverage, you pay more money in taxes to the government than if you do have coverage. The exact same thing is (and has long been) true about mortgages. If you don't have a mortgage, you pay more money to the government in taxes than if you do have one. In your mind, what is the legal difference between these two situations? Or do you also thing mortgage deductions are also unconstitutional?
I don't know if that's factually true, but in any case one is a lack of a deduction rather than forcing you to purchase into a program (as an additional fee mandate). Said another way, your penalty for not having a mortgage is simply a lack of a benefit (lack of a positive) whereas your penalty for not having health insurance is a fee (introduction of a negative). It's sort of like, if you're in business and if you engage in a certain activity you'll get a bonus, well that's great, but if you don't do that you'll just stay where you were at initially. But with the ACA, if you don't do something, you're liable to a pay reduction. The two situations are fundamentally different in a person's decision making.
And there is a difference between the additional tax argument. If you do purchase a mortgage, you will ultimately be spending more money in taxes even with the benefit. You'll then be subjected to property tax which probably would completely offset the federal tax deduction. If not, you're still then paying a larger sum of money for the mortgage and taking on additional risk than you originally were before you took on the mortgage. (presumably you were renting property).
So even though in the natural state without a mortgage you are paying more taxes ceteris paribus than you were with a mortgage, the ceteris paribus argument does not apply in this situation because all other things most certainly are not equal, which is presumably the reason why federal tax deductions exist in the first place to create the incentive for mortgages.
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