the mandate i talked to jonathan gruber who worked for obama and romney on both their health care plans, he says as a legislative instrument, the mandate is basically identical between the two. we're arguing a thing of semantics here. the actual legislation they introduced with respect to the mandate is virtually identical. call it a tax, a penalty, whatever. it's the same. >> it's actually enforced the same way, in massachusetts on your tax return you have to submit -- >> yes. i grew up there. >> they have to put the proof of health insurance file it with their tax return. >> i think that's right. actually, the only argument that romney had and he made it maybe a couple years ago, but he really abandoned it, was the tenth amendment issue, sort of a states rights kind of issue. abandoned that and then the supreme court ruling made that null anyway. but that would be the only area of nuance he has to go because they are so similar. >> yeah. i think that sam made the real relevant point and that is, that eric did not say this is the campaign's position. >> right. >> he said the governor b