Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-98 last
To: Tau Food; All
"Mcculloch v. Maryland, Chief Justice Marshall held that the federal government had the power to create a national bank. Where is that in the constitution? [emphasis added]"

The need was ultimately found in a reasonable interpretation of the Constituiton's Clause 18 of Section 8 of Article I as per the following explanation.

Note that Madison and Jefferson had fought the establishment of traitor Alexander Hamilton's earlier national bank, Hamilton wrongly ignoring that his fellow delegates at the Constitution had considered giving Congress the constitutional authority to establish a bank, but had decided against doing so.

“A proposition was made to them to authorize Congress to open canals, and an amendatory one to empower them to incorporate. But the whole was rejected, and one of the reasons for rejection urged in debate was, that then they would have a power to erect a bank, which would render the great cities, where there were prejudices and jealousies on the subject, adverse to the reception of the Constitution [emphasis added].” —Jefferson’s Opinion on the Constitutionality of a National Bank : 1791.

As far as I can tell, President Washington signed the legislation to establish Hamilton's national bank based on his army buddy Hamilton's constitutional Article I, Section 8, Clause 18 “need” to smell money.

And when Madison was president, he had initially vetoed another request by Congress to establish another national bank. But because of Madison's struggle in trying to pay for war with Britain, he later signed another request for a national bank because he had become convinced that it was a need that he could justify under Clause 18 mentioned above. And if paying for a major war doesn't justify a Clause 18 need, then what does?

81 posted on 07/29/2014 2:46:17 PM PDT by Amendment10
[ Post Reply | Private Reply | To 78 | View Replies]

To: jazusamo

Stop rationalizing this

Plain language is plain language


82 posted on 07/29/2014 2:47:17 PM PDT by A_Former_Democrat (Get rid of "birthright citizenship" Out of room . . . no mas)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Tau Food
We have a huge and growing glut of seniors right now and they vote. Maybe when they're gone...

Huh? At what point will the U.S. no longer have a significant number of seniors?

83 posted on 07/29/2014 4:28:13 PM PDT by ConstantSkeptic (Be careful about preconceptions)
[ Post Reply | Private Reply | To 72 | View Replies]

To: INVAR

There are legal alternatives to Obamacare, even within the law.

Alternatives to Obamacare
http://tamarawilhite.hubpages.com/hub/Alternatives-to-Obamacare


84 posted on 07/29/2014 5:06:00 PM PDT by tbw2
[ Post Reply | Private Reply | To 4 | View Replies]

To: jazusamo

Now this is one stupid decision. Surprised that the DC Circuit Court of Appeals went so far Left on this one, despite their very liberal bent over the years.

The Constitution is very clear on who in Congress has the “taxing powers” and it isn’t the Senate.

And this took place about 5 blocks from my office. Oh shit, they’re closing in on us.


85 posted on 07/29/2014 5:06:06 PM PDT by MadMax, the Grinning Reaper
[ Post Reply | Private Reply | To 1 | View Replies]

To: tbw2

That’s funny right there.

The “law” itself is simply arbitrary as we have witnessed and has become precedent. Obama has violated his namesake “law” on a continuous basis and the ONLY alternative to unjust and tyrannical “laws” are to defy and ignore them, same as he does with the actual rule of law he has rendered irrelevant.

The only legal alternative to Obamacare is to defy and ignore it. Working within an unConstitutional “Law” simply gives authority to tyranny.

I choose not to give tyranny any legitimacy - and as long as this people continue to do so, they will be subjugated to said tyranny and worse.


86 posted on 07/29/2014 7:21:50 PM PDT by INVAR ("Fart for liberty, fart for freedom and fart proudly!" - Benjamin Franklin)
[ Post Reply | Private Reply | To 84 | View Replies]

To: jazusamo

“Yeah, it’s a tax, but it doesn’t count. Oh, you peons just don’t get it!”


87 posted on 07/29/2014 7:25:51 PM PDT by Sirius Lee (All that is required for evil to advance is for government to do "something")
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

I am Shocked

88 posted on 07/30/2014 12:52:40 AM PDT by itsahoot (Voting for a Progressive RINO is the same as voting for any other Tyrant.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ScottfromNJ
The President has the right to his appointments.<Orin Hatch>
89 posted on 07/30/2014 1:04:03 AM PDT by itsahoot (Voting for a Progressive RINO is the same as voting for any other Tyrant.)
[ Post Reply | Private Reply | To 53 | View Replies]

To: SSS Two
So the Roberts said that Obamacare is not a valid exercise of the regulation of interstate commerce. Roberts said it was a valid exercise of Congress's taxing authority.

Don't you remember this was John's secret plan to undo ACA. I learned that right here on FR. </sarcasm>

90 posted on 07/30/2014 1:08:09 AM PDT by itsahoot (Voting for a Progressive RINO is the same as voting for any other Tyrant.)
[ Post Reply | Private Reply | To 61 | View Replies]

To: INVAR
We are under Judgment. These are the consequences of a people gone wicked with the nation's churches and synagogues sitting on their hands in mute silence and capitulation.




91 posted on 07/30/2014 1:10:58 AM PDT by itsahoot (Voting for a Progressive RINO is the same as voting for any other Tyrant.)
[ Post Reply | Private Reply | To 73 | View Replies]

To: blueunicorn6
There are two constitutions, the written de jure, and the one actually in use.

In January 2049, the president-elect mullah, caliph of North America, will take the same oath of office as George Washington, yet rule by a Frankenstein Constitution, a political monster.

92 posted on 07/30/2014 4:46:28 AM PDT by Jacquerie (Article V. If not now, when?)
[ Post Reply | Private Reply | To 5 | View Replies]

To: jazusamo

Where are the Constitutional lawyers and scholars when you need them?


93 posted on 07/30/2014 5:57:19 AM PDT by beachn4fun (Guns are not the problem. People are. Forget the magazine...check your attitude.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: FourtySeven

If it’s incidental to the law, then clipping it out isn’t a big deal, especially since it violates the Constitution.


94 posted on 07/30/2014 9:29:40 PM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
[ Post Reply | Private Reply | To 37 | View Replies]

To: jazusamo
sure...whatever....

I guess we should have expected that this once great country with its groundbreaking Constitution would someday desolve into another banana republic...

"so its a republic then...."if" you can keep it"......

95 posted on 07/31/2014 12:18:38 AM PDT by cherry
[ Post Reply | Private Reply | To 1 | View Replies]

To: Para-Ord.45
president maybe not...but we could get the Senate and the House and the state governorships...

but that would require people voting for a republican....not a constitutional candidate....and certainly not staying home and not voting at all....

but election after election, we get the same old complainers that can't do the right and proper thing....

in these times, we need to pull together yet some are determined to stomp they're feet and pout...

96 posted on 07/31/2014 12:21:55 AM PDT by cherry
[ Post Reply | Private Reply | To 30 | View Replies]

To: jazusamo

Obama’s America, where Taxes are levied as Punishment, not Revenue.


97 posted on 07/31/2014 1:19:10 AM PDT by Kickass Conservative (Things can always be worse and the Democrat Party is here to prove it.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Para-Ord.45
You may get a Romney or a Christie but NEVER a Goldwater.

We never got a Goldwater before.

98 posted on 07/31/2014 2:44:25 AM PDT by BruceS
[ Post Reply | Private Reply | To 30 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-98 last

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson