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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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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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