The government cannot tell me that I can afford it, and they couldn't fine me. I'd be off to jail."
There is no "off to jail" in the ACA.
You'd be asked to prove that you did not have enough money to afford a plan on the exchange, then you would fall under medicaid (poverty proven, by then) and then you would pay a subsidized rate. As long as you don't opt out of carrying insurance at all, there is no "fine" or tax penalty.
"that's precisely what this law is: a government mandated fee (NOT a tax, that's also BS) for simply being alive."
Yes, it's a fee. It's a fee for a financial risk-mitigating service. It's also a fee I've been paying (in the form of higher premiums) for people who want to be alive and not pay their own bills for the services (in the emergency room, of all places) of people who keep them alive, working, having bratty kids, etc. It's also a fee that I've been paying for people who don't have the good sense to get regular medical checkups and screenings at a clinic pr Dr's office when they're well, so that their chronic diseases can be managed such that they don't have to go to the emergency room and be admitted to treat conditions that could have been prevented or controlled.
As it happens, I pay other fees for other people to be alive (for water treatment and sewer service, for public schools, for bridges and infrastructure, for firefighting coverage), but I get to share in those benefits, too, so these are fees that I pay in the form of taxes, because the good is public.
I'm quite tired of having me and every other insured person having to foot the bill so that libertarians and objectivists can enjoy some kind of idealistic existence.
I met a guy, a guy who owned his own construction business, who refused to get health insurance. He always went to the ER when he was sick, and only when he was very sick or injured. Never paid a single medical bill. He had a really nice power boat -- a big cabin cruiser. I asked him why he didn't buy insurance and he said that he could not afford to carry it for his company, and that even if he could afford it, he had concluded that he would only end up paying more than he would get out of it, should he have to rely on it. If he was deathly sick or fatally injured, nobody was going to be able to make him pay when he was dead. He said that by not paying a bill he didn't have to pay it permitted him more money to do things he liked -- like his boat. I said, "so, because I pay my insurance, you got free health care and also that boat." and he looked me straight in the eye and said "yeah, exactly".
Now that guy has to pay -=something=-, and I feel a little better about having to share air with him.
"Pay no attention to the man behind the curtain." -- Karl, as he stepped behind the computer to reboot it, during a FAT