The chief justice is a good man, whose record over the whole of his career will probably be a good one, perhaps even a great one. However, I do not agree with this opinion. I believe the dissent got it right.
The chief justice is a good man, whose record over the whole of his career will probably be a good one, perhaps even a great one. However, I do not agree with this opinion. I believe the dissent got it right.
The same thing was said about Cesar. (It didn't end well.)
Obama and the left have been proven correct in one thing - the court is political and activist. The good news is and has been that sovereign states can choose to ignore rulings from this politicized, activist and cowed group of political appointees. Those of us who agree with original intent are free to relocate and seek liberty in those states which can prove their adherence to republicanism. * see tagline
Well, there it is for all the Pollyannas around here.
Nope.
Justice Roberts will always be remembered for this assinine opinion that affects over 20% of our economy. His record will never be considered great.
Nope.
Justice Roberts will always be remembered for this assinine opinion that affects over 20% of our economy. His record will never be considered great.
Because this was a mandate....no, a tax, ...er....a penalty, Roberts should have erred on the side of the Constitution because of it's ambiguity - individual freedom and limited government.
He chose group think and the biggest government power grab since the New Deal.
He should do the right thing - wait, and then resign in disgrace.
I prefer this much more critical quote from the article:
“But the majority opinion appears to be a result looking for a rationale, which is the antithesis of what I ever thought would be the approach of John Roberts. One of his new admirers described his opinion as “incoherent but brilliant”. That’s the most depressing thing I have read in a long time.”
“A result looking for a rationale...”
The question still hangs out there - WHY???
This is another concerted effort (second round, I guess) to repair Roberts' reputation. With the Tyrrell's article today, Roberts = Fox, it is as if THE POWER THAT BE decreed that rubes on the right should appreciate this turd sammich.
Just like the concerted effort to NOT QUESTION Obama's natural born status last time around.
Wow! The silver-lining garbage again. I am sick and tired of these arrogant elites trying their best to paper over this evil ruling.
This is the same Fred Thompson who is supporting NPV (National Popular Vote) movement. Hey Freddy boy do you even know why the Founders put the Electoral College mechanism into the United States Constitution?
NPV is just another deathblow to the United States Constitution supported by Fred Thompson.
Because of NPV alone Fred Thompson should be dead to any true Conservative.
Hate to say it but it appears most of the Republicans in office or running for office are as despicable as this looser.
God help the republic
Transcript...@Supreme Court: The Health Care Law And The Individual Mandate
It's got this little number in it...
The legislative history is replete with members of Congress explaining that this law is constitutional as an exercise of the taxing power. It was attacked as a tax by its opponents. So I don't think this is a situation where you can say that Congress was avoiding any mention of the tax power.
It would be one thing if Congress explicitly disavowed an exercise of the tax power. But given that it hasn't done so, it seems to me that it's — not only is it fair to read this as an exercise of the tax power, but this Court has got an obligation to construe it as an exercise of the tax power, if it can be upheld on that basis.
Sounds to me like Congress knew it was a tax during debate.
Chief Roberts just passed the buck for his cowardly decision right down to average American citizen. WE are to fault for not being intelligent enough to elect the right people to Congress.
Well, I have one question to ask the brilliant and stellar Chief Roberts, did you feel that way when Congress vetted and approved your power on the Supreme Court.
It was Congress, a Congress we elected who gave you your job but I have a feeling, at the time, you were pretty darn grateful that the voting public was intelligent enough to elect a Congress that met your lofty reputation.
You sir, are the walking, talking example of the Peter Principle.
Oh, shut up, Fred.
Justice Roberts actually echoed the same reasoning as a prior Justice Roberts in regarding the federal power to tax and spend for the “general welfare,” in U.S. v. Butler, 297 U.S. 1 (1936) regarding the Agricultural Adjustment Act. http://supreme.justia.com/cases/federal/us/297/1/
That Justice Roberts (for the Court) stated:
“The clause thought to authorize the legislation, the first, confers upon the Congress power ‘to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States. ...’ It is not contended that this provision grants power to regulate agricultural production upon the theory that such legislation would promote the general welfare. The government concedes that the phrase ‘to provide for the general welfare’ qualifies the power ‘to lay and collect taxes.’ The view that the clause grants power to provide for the general welfare, independently of the taxing power, has never been authoritatively accepted. Mr. Justice Story points out that, if it were adopted, ‘it is obvious that under color of the generality of the words, to ‘provide for the common defence and general welfare’, the government of the United States is, in reality, a government of general and unlimited powers, notwithstanding the subsequent enumeration of specific powers.’ The true construction undoubtedly is that the only thing granted is the power to tax for the purpose of providing funds for payment of the nation’s debts and making provision for the general welfare.”
In that case, as in the current case, the Constitution grants the power to lay taxes for the common defence and general welfare of the United States. However, this does not extend to the creation of a federal program that exceeds the limits of the enumerated powers and invades or compels an area reserved to state jurisdiction.
Looks to me that these principles were decided decades ago.
OK fred.....is he being Blackmailed or Threatened because his two ADOPTED children were ILLEGALY ADOPTED. is he being Blackmailed because he is a Bi-SEXUAL or is he just a DUMBASS LIBERAL???? Which one, FRED????? There are NO other REASONS.....well except the MOST pathetic one.....he doesn;t want to read bad things about himself in the newspapers!!! SO WHICH ONE IS IT....FRED??? JOHNNY???
That's an honorable stand and Thompson doesn't deserve abuse for not wanting to get personal.
BTW, thanks for the photo. Judging from the hair, Roberts may not be that gay after all.
bump for later
“
The chief justice did remind us of one thing of overriding importance: We can’t sit back and count upon the courts to save us from ourselves. I believe that he made a mistake, but so did we. The real silver lining is that in a democratic republic we get another chance in November to fix it.
- Fred Thompson “
I’m afraid your mistaken mister Thompson, no matter what happens in November. Washington will no longer be restricted to respecting any of our rights.
There is no way we can ever hope to win every election from now on to eternity. Sooner or later anther Obama will lie and cheat his way back into power and without a Constitution to protect us we will be subject to his lawless whims.