Americans who fail to pay the penalty for not buying insurance would face legal action from the Internal Revenue Service, according to the Joint Committee on Taxation.

The remarks Thursday from the committee's chief of staff, Thomas Barthold, seems to further weaken President Barack Obama's contention last week that the individual mandate penalty, which could go as high as $1,900, is not a tax increase.

Under questioning from Sen. John Ensign (R-Nev.), Barthold said the IRS would "take you to court and undertake normal collection proceedings."

Ensign pursued the line of questioning because he said a lot of Americans don't believe the Constitution allows the government to mandate the purchase of insurance.

"We could be subjecting those very people who conscientiously, because they believe in the U.S. Constitution, we could be subjecting them to fines or the interpretation of a judge, all the way up to imprisonment," Ensign said. "That seems to me to be a problem."

Ensign's argument , however, wasn't persuasive to the committee -- which rejected an amendment from Sen. Jim Bunning (R-Ky.) to eliminate the individual mandate.

Sen. Olympia Snowe (R-Maine) was the only Republican to vote with Democrats to preserve the mandate.

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