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Appeals court upholds Obamacare tax as constitutional
The Washington Times ^ | July 29, 2014 | Stephen Dinan

Posted on 07/29/2014 9:32:29 AM PDT by jazusamo

A key appeals court on Tuesday ruled that despite including a tax, Obamacare doesn’t violate the Constitution’s requirement that all tax bills originate in the House of Representatives, giving the Obama administration another health care win. The three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia said that the Obamacare tax was “incidental” to the primary purpose of the Affordable Care Act, so it isn’t a revenue-raising measure as envisioned by the Constitution. “Some exercises of the taxing power are not subject to the Origination Clause,” the unanimous panel concluded. The issue had been in doubt after Chief Justice John G. Roberts Jr.’s surprise decision two years ago saying that while Obamacare wasn’t allowed under Congress’s powers to control interstate commerce, it was valid as an exercise of Congress’s taxing power. Since the key language of Obamacare came from the Senate, opponents then said it violated another part of the Constitution that requires tax bills — or, more specifically, revenue-raising measures — to begin in the House.

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government
KEYWORDS: 0carenightmare; dcappealscourt; illegaltaxation; obamacare; obamacaretax; tax; zerocare
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1 posted on 07/29/2014 9:32:29 AM PDT by jazusamo
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To: jazusamo

More treason by activist judges.


2 posted on 07/29/2014 9:34:02 AM PDT by Olog-hai
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To: jazusamo

Shocking that they all Roberts this call./s/


3 posted on 07/29/2014 9:34:07 AM PDT by Jim from C-Town (The government is rarely benevolent, often malevolent and never benign!)
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To: jazusamo

The “Law” is whatever the Beast says it is - so sayeth the Praetorian media, the Praetorian Judiciary and the Praetorian Legislature.

Rule of Law as we knew it is dead.

The federal Beast no longer has any lawful authority over us. All it has is the end of a gun to force itself on us.


4 posted on 07/29/2014 9:35:54 AM PDT by INVAR ("Fart for liberty, fart for freedom and fart proudly!" - Benjamin Franklin)
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To: jazusamo

There are two nations within our borders. There is The United States Of America and there is Democratland. The citizens of Democratland make their living by taking money from the citizens of The United States Of America. Some of the citizens of Democratland wear black robes.


5 posted on 07/29/2014 9:36:11 AM PDT by blueunicorn6 ("A crack shot and a good dancer")
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To: jazusamo
Appeals court upholds Obamacare tax as constitutional

Shocking. What would actually be shocking is if the people start winning these decisions and the government gets back in its effing mandated box. Or if people being to realize the absurdity of allowing a branch of the feral government to decide when they're acting Constitutionally. Surprisingly, they always are. Go figure.

6 posted on 07/29/2014 9:36:37 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: jazusamo

Shredding the Constitution with each decision........this is not the government I fought for.... not much left of what once was.


7 posted on 07/29/2014 9:37:36 AM PDT by Goreknowshowtocheat
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To: jazusamo

Doesn’t this mean that it will now advance to the supreme court?

I think that is good news if so.


8 posted on 07/29/2014 9:38:54 AM PDT by servantboy777
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To: Olog-hai

When EVERYONE is in on the joke, that being the Constitution is dead and the law is what we say it is, then what recourse is there !?

An Article V Convention as Mark Levin wants ? Ha ! They, judges, politicians in Washington, will merely ignore of find it illegal in THEIR courts.

Most people won`t accept the fact that it`s over man. USA is a thugocracy statist totalitarian state.


9 posted on 07/29/2014 9:40:15 AM PDT by Para-Ord.45 (Americans, happy in tutelage by the reflection that they have chosen their own dictators.)
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To: INVAR
Rule of Law as we knew it is dead.

Yep, it's been slipping for years but it's really taken a hit the last 5 1/2.

10 posted on 07/29/2014 9:40:58 AM PDT by jazusamo (Sometimes I think that this is an era when sanity has become controversial: Thomas Sowell)
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To: jazusamo
I still think that the only way to beat Obamacare is by ending all government involvement in the healthcare industry - terminate Obamacare, Medicare, Medicaid - all of it.

And, I think that the only way to end the government's involvement in the healthcare industry is to give that industry a real shock by completely boycotting the entire healthcare industry. The economic shock caused by millions boycotting the system would force folks to pay attention.

If you don't like that idea, then learn to live with a healthcare industry that is dominated by government. Complaining is pointless. Action is required.

11 posted on 07/29/2014 9:41:53 AM PDT by Tau Food (Never give a sword to a man who can't dance.)
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To: servantboy777

Not good news. Since they cited Roberts, & since Roberts ruled it was a tax & therefore Constitutional, going back to the SC is not likely to help.


12 posted on 07/29/2014 9:42:12 AM PDT by Fantasywriter (Any attempt to do forensic work using Internet artifacts is fraught with pitfalls. JoeProbono)
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To: servantboy777

What I don’t get, is how they thought something that was already answered by the Supreme Court was going to be judged improper.

Roberts is where this tax originated. He is the person who termed it a tax. How is that going to be overturned at the Supreme Court?

Is there a Supreme Supreme Court that I haven’t heard of?


13 posted on 07/29/2014 9:42:14 AM PDT by DoughtyOne (Think how stupid the average person is, and then realize half of them are stupider than that.)
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To: jazusamo

Is it a tax? Yes. The Supreme Court said it was.

Did it start in the House? No.

It is unConstitutional on these grounds alone. Period. End of sentence.


14 posted on 07/29/2014 9:42:21 AM PDT by Tzimisce
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To: Para-Ord.45

Yes; there’s too much confusion nowadays to even consider a return to the rule of law. Isaiah 3:1-4 is past fulfillment.


15 posted on 07/29/2014 9:42:58 AM PDT by Olog-hai
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To: servantboy777
Doesn’t this mean that it will now advance to the supreme court? I think that is good news if so.

It will go to the Supreme Court only if the Supreme Court agrees to hear it. That may not happen, because there is no split in the lower courts on this issue.

16 posted on 07/29/2014 9:43:09 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: jazusamo

More like the Court found that the Constitution has no standing.


17 posted on 07/29/2014 9:43:55 AM PDT by Paladin2
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To: servantboy777

It could be appealed to the whole DC Appeals Court but it’s stacked with Rats now, best to go with SCOTUS in my view.


18 posted on 07/29/2014 9:44:09 AM PDT by jazusamo (Sometimes I think that this is an era when sanity has become controversial: Thomas Sowell)
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To: Olog-hai

Aren’t these judges all hand picked by Obummer? So no real surprise as to how they ruled on this.


19 posted on 07/29/2014 9:45:29 AM PDT by Lake Living
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If You Want To Keep FR
Support It


20 posted on 07/29/2014 9:45:39 AM PDT by DJ MacWoW (The Fed Gov is not one ring to rule them all)
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To: Tzimisce

Amen to that.


21 posted on 07/29/2014 9:46:11 AM PDT by jazusamo (Sometimes I think that this is an era when sanity has become controversial: Thomas Sowell)
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To: Para-Ord.45
Not so fast. One single constitutional POTUS could change this around.
The MSM would have fits of rage but could not ignore Anything being
said from the bully pulpit. Bringing back the rule of the US Constitution would
certainly take courage but it would also give us back our strong economy and Dollar.

It would be the "Blame Bush" game all over again. So what, we've heard it all before.

22 posted on 07/29/2014 9:46:46 AM PDT by MaxMax (Pay Attention and you'll be pissed off too! FIRE BOEHNER, NOW!)
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To: jazusamo

That is some of the most tortured logic since the traitor Roberts did his thing.

None dare call it treason


23 posted on 07/29/2014 9:47:00 AM PDT by Nifster
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To: jazusamo

Constitution = Just words.


24 posted on 07/29/2014 9:47:09 AM PDT by Theoria (I should never have surrendered. I should have fought until I was the last man alive)
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To: jazusamo

Black Robed Legislators.


25 posted on 07/29/2014 9:47:19 AM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: jazusamo

All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. U.S. Const. art. I, § 7

“Some exercises of the taxing power are not subject to the Origination Clause” U.S. Circuit Court of Appeals for the District of Columbia

These judges are liars.


26 posted on 07/29/2014 9:48:18 AM PDT by Ray76 (True change requires true change - A Second Party ...or else it's more of the same...)
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Please bump the Freepathon or click above to donate or become a monthly donor!

27 posted on 07/29/2014 9:48:34 AM PDT by jazusamo (Sometimes I think that this is an era when sanity has become controversial: Thomas Sowell)
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To: DoughtyOne

Only is when we meet our Maker


28 posted on 07/29/2014 9:49:17 AM PDT by Nifster
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To: Lake Living

I wonder if the Founding Fathers ever realized that having the chief executive pick such judges really defeats separation of powers, since the judicial branch then becomes an extension of the executive branch?


29 posted on 07/29/2014 9:49:32 AM PDT by Olog-hai
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To: MaxMax

Uh, won`t be another GOP President.

obama/soetoro is fundamentally transforming America with 10 - 20 new foreigners to insure one ideology ( yeah 2 parties, one mind) rule.

You may get a Romney or a Christie but NEVER a Goldwater. They tried that once and the Statist Totalitarians made mince meat on him


30 posted on 07/29/2014 9:50:24 AM PDT by Para-Ord.45 (Americans, happy in tutelage by the reflection that they have chosen their own dictators.)
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To: Nifster

That’s about it...


31 posted on 07/29/2014 9:50:33 AM PDT by DoughtyOne (Think how stupid the average person is, and then realize half of them are stupider than that.)
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To: jazusamo

Let’s tear up the constitution and just go on a case by case basis.


32 posted on 07/29/2014 9:51:31 AM PDT by morphing libertarian
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To: MaxMax

10-20 Million *


33 posted on 07/29/2014 9:51:40 AM PDT by Para-Ord.45 (Americans, happy in tutelage by the reflection that they have chosen their own dictators.)
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To: Tzimisce

If you like your Constitution, you can keep your Constitution. Period.


34 posted on 07/29/2014 9:52:12 AM PDT by Dalberg-Acton
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To: jazusamo
“Some exercises of the taxing power are not subject to the Origination Clause,”

"Because we said so."

Constitution

35 posted on 07/29/2014 9:52:34 AM PDT by Uncle Miltie (The GOP-e scum enlisted Democrats to steal the Republican primary. The GOP-e can go to Hell.)
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To: jazusamo

Lets bury the constitution next to the Monroe Doctrine. Anybody old enough to remember that?


36 posted on 07/29/2014 9:52:45 AM PDT by morphing libertarian
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To: jazusamo

“Incidental”?! So does that mean it’s optional?

Honestly how can they think it’s “incidental” to the purpose of the law? It’s a key component of the law, to incentivize people to buy health insurance! Without it no one would have any incentive to buy it.

Although, I guess that loophole in the law that prevents the IRS from forcefully collecting it comes into play here. Well played Nancy, well played.

Of course now that that loophole has served it’s purpose look for it to be quietly closed. If not by actual legal means, by a mere stroke of the pen and a phone call.


37 posted on 07/29/2014 9:53:13 AM PDT by FourtySeven (47)
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To: Tzimisce
You are using straight logic. They are using pretzel logic.

Using the same pretzel logic, I ought to be able to argue that running over someone on my way to work is permissible because it wasn't intentional and was only incidental to exercising my greater right to earn a living.

38 posted on 07/29/2014 9:54:35 AM PDT by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: servantboy777

SCROTUS can refuse the hear any case. They’ll probably punt on every Obamacare case that comes their way from now on..


39 posted on 07/29/2014 9:54:40 AM PDT by CivilWarBrewing
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To: Ray76

Well, I think it is equally not against the constitution to over throw the government since words have no meaning now in this fluid environment. I believe the SC finding Ocare constitutional was due to the fact the funding was deemed a tax. Since all laws, per a previous law, had to be funded fully and since the funding was to be a tax, not a fee, then it seems to me the fact it was an intricate mechanism in this law and not some side car addition. Another thank you to Bush and his Roberts appointment for paving the way for the end of this country as we knew it.

Folks it is all over....why vote, why pay taxes, in fact, why do anything. We got invaders overrunning the border, our military on the depletion cycle, the lobbyists running the country and the serfs meerly spectating. Revere supposedly rode to say the British are Coming. Today he would be riding to say why bother, I see the future.


40 posted on 07/29/2014 9:59:00 AM PDT by Mouton (The insurrection laws perpetuate what we have for a government now.)
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To: FourtySeven

It’s optional to these leftist activist judges but the Constitution isn’t optional, no matter how they want to put it.


41 posted on 07/29/2014 10:00:46 AM PDT by jazusamo (Sometimes I think that this is an era when sanity has become controversial: Thomas Sowell)
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To: jazusamo

All three judges agree there is a tax here. All three judges agree that tax bills must originate from the House of Representatives. All three judges agree that this tax didn’t originate from the House. All three judges disregard the facts that they acknowledge and rule against the facts.
Now, these judges aren’t completely stupid. They know that what they ruled is illogical and wrong. They took the easy way out. They’re liberals. That’s what they do. If they followed their brains and consciences and ruled against this, they get in trouble with their liberal buddies. If they do the wrong thing and rule for this, their liberal buddies are happy and the three judges know that this will go to The Supreme Court and hopefully, they’ll do the right thing and strike this down and let these three liberal judges off the hook.
We sit here at Free Republic and wonder why there are so many problems. It’s because we, as a nation, have lost our virtues. These judges behaved in a cowardly manner. “Courage is the foundation of all the other virtues.” Well, here we have three Federal Judges who chickened-out. They are supposed to defend the people. Cowardice defends no one.
The Unintended Consequences of this decision are HUGE. What do we need a House Of Representatives for? Can the Senate just increase taxes by adding a small tax to every Bill? They just opened Pandora’s Box.


42 posted on 07/29/2014 10:00:54 AM PDT by blueunicorn6 ("A crack shot and a good dancer")
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To: servantboy777
"I think that is good news if so."

Why do you say that?

43 posted on 07/29/2014 10:04:01 AM PDT by SierraWasp (Obama is mad! He's getting madder with each crisis and now he's a real MADMAN with no temper left!!!)
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To: jazusamo

A legal system taken over by the pinkos will of course side with their red leader.


44 posted on 07/29/2014 10:06:13 AM PDT by JayAr36 (o)
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To: jazusamo

When, if ever, are the people going to realize there is never going to be any (Constitutional) justice to be had in the federal courts?

The Republican traitors have blithely allowed every Dem socialist to pack the courts with anti constitutional (i.e. anti American) jurists while at the same time acting like whipped dogs whenever these “courts” violate the Constitution.

Redress of our grievances? Fat chance in hell. They are called kangaroo courts for a reason.


45 posted on 07/29/2014 10:13:20 AM PDT by ChildOfThe60s ((If you can remember the 60s.....you weren't really there)
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To: jazusamo

Hope they said a good word for gay marriage while they were at it!


46 posted on 07/29/2014 10:14:35 AM PDT by madprof98
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To: jazusamo
"U.S. Circuit Court of Appeals for the District of Columbia said that the Obamacare tax was “incidental” to the primary purpose of the Affordable Care Act, so it isn’t a revenue-raising measure as envisioned by the Constitution. "

What an illustration of pretzel reasoning! Of course it's a revenue-raising measure. It's the IRS who will collect the money.

"IRS" - Internal REVENUE Service.

How long will this go on before there's a revolution?

47 posted on 07/29/2014 10:19:45 AM PDT by eCSMaster ("Your apathy is their power." - Sarah Palin Jul 19, 2014)
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To: jazusamo; All
FR: Never Accept the Premise of Your Opponent’s Argument

As mentioned in related threads, regardless what activist justices and judges want everybody to believe about the constitutionality of Obamacare Democratcare, the Supreme Court had historically repeatedly clarified the following about any so-called federal public healthcare program.

While it is clear just from reading Congress's constitutional Article I, Section 8-limited powers, the Supreme Court had clarified that the Constitution's silence about any so-called federal public healthcare program means that the states have never granted the feds, expressly via the Constitution, the specific power to regulate, tax and spend for public healthcare purposes. This is evidenced by the following excerpts from Supreme Court case opinions.

And regardless that Democrats and RINOs will argue that since the Constitution doesn't say that Congress cannot establish a national healthcare program, it means that they can do it, please consider that the Supreme Court has also addressed that kind of foolish thinking. The Court has clarified that powers not delegated to the feds, expressly via the Constitution, are prohibited to the feds.

”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.

48 posted on 07/29/2014 10:21:55 AM PDT by Amendment10
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To: jazusamo

This is another example of why any impeachment efforts will be futile. It will never happen because it won’t be allowed to happen. Most Washington GOPs are unaware of the tyrannical juggernaut we face because it’s been painted all warm and fuzzy by the media and leftist supporters.


49 posted on 07/29/2014 10:23:07 AM PDT by The_Harlequin
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To: morphing libertarian
"Let’s tear up the constitution and just go on a case by case basis."

Yes of course! That's exactly what every liberal, EnvironMental commonist Demonicrat has always wanted… "GOVERNMENT BY WHIM!!!"

50 posted on 07/29/2014 10:25:32 AM PDT by SierraWasp (Obama is mad! He's getting madder with each crisis and now he's a real MADMAN with no temper left!!!)
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