Skip to comments.Appeals court upholds Obamacare tax as constitutional
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 doesnt violate the Constitutions 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 isnt 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 wasnt allowed under Congresss powers to control interstate commerce, it was valid as an exercise of Congresss 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 ...
More treason by activist judges.
Shocking that they all Roberts this call./s/
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.
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.
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.
Shredding the Constitution with each decision........this is not the government I fought for.... not much left of what once was.
Doesn’t this mean that it will now advance to the supreme court?
I think that is good news if so.
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.
Yep, it's been slipping for years but it's really taken a hit the last 5 1/2.
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.
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.
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?
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.
Yes; there’s too much confusion nowadays to even consider a return to the rule of law. Isaiah 3:1-4 is past fulfillment.
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.
More like the Court found that the Constitution has no standing.
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.
Aren’t these judges all hand picked by Obummer? So no real surprise as to how they ruled on this.
Amen to that.
It would be the "Blame Bush" game all over again. So what, we've heard it all before.
That is some of the most tortured logic since the traitor Roberts did his thing.
None dare call it treason
Constitution = Just words.
Black Robed Legislators.
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.
Only is when we meet our Maker
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?
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
That’s about it...
Let’s tear up the constitution and just go on a case by case basis.
10-20 Million *
If you like your Constitution, you can keep your Constitution. Period.
"Because we said so."
Lets bury the constitution next to the Monroe Doctrine. Anybody old enough to remember that?
“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.
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.
SCROTUS can refuse the hear any case. They’ll probably punt on every Obamacare case that comes their way from now on..
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.
It’s optional to these leftist activist judges but the Constitution isn’t optional, no matter how they want to put it.
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.
Why do you say that?
A legal system taken over by the pinkos will of course side with their red leader.
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.
Hope they said a good word for gay marriage while they were at it!
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?
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.
State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress. [emphases added] Gibbons v. Ogden, 1824.
Congress is not empowered to tax for those purposes which are within the exclusive province of the States. Justice John Marshall, Gibbons v. Ogden, 1824.
Inspection laws, quarantine laws, health laws of every description [emphasis added], as well as laws for regulating the internal commerce of a state and those which respect turnpike roads, ferries, &c., are component parts of this mass. Justice Barbour, New York v. Miln, 1837.
Direct control of medical practice in the states is obviously [emphasis added] beyond the power of Congress. Linder v. United States, 1925.
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.
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.
Yes of course! That's exactly what every liberal, EnvironMental commonist Demonicrat has always wanted
"GOVERNMENT BY WHIM!!!"
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.