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Question: How can the "Mandate Tax" be constitutional?

Posted on 06/28/2012 7:42:10 AM PDT by Maceman

Article 1, Sec. 9 of the US Constitution reads: "No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken."

The 16th Amendment reads: "The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration."

It thus seems to me that the only direct tax allowable under the US Constitution is the Income Tax. So my question is how is the mandate an income tax?

It seems to me that unless the mandate is tied to income, it is expressly prohibited.

Anyone want to explain this to me, other than saying that the Constitution means whatever the SCOTUS wants it to mean?


TOPICS: Constitution/Conservatism; Government; News/Current Events; Your Opinion/Questions
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To: Maceman
What's most confusing is that Roberts says that the mandate is not constitutional under the Commerce Clause, and yet, it's okay to tax someone for not doing something that he declares not to be constitutional.

It's as if the court says you can't yell "Fire" in a crowded theater, yet they can tax you if you don't, yell "Fire" in a crowded theater!

51 posted on 06/28/2012 8:11:57 AM PDT by TravisBickle (Are you talkin' to me?)
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To: Wurlitzer

Hate to say it, but I agree with you 100%

Wake up people, we now live in a Medical/Pharma police state. Once the government controls your health care, they run your life.


52 posted on 06/28/2012 8:12:11 AM PDT by eXe (Si vis pacem, para bellum)
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To: Maceman

The answer’s in front of us all....whatever way one wishes....


53 posted on 06/28/2012 8:12:23 AM PDT by yield 2 the right ( Space blank until I come up with a nice Tagline.)
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To: RJS1950
Not secession, a second revolution.

Exactly, states against the feds. What happens if the states allow companies to stop recording sales for federal tax purposes?
54 posted on 06/28/2012 8:14:59 AM PDT by cripplecreek (What does it profit a man if he gains the whole world but loses his soul?)
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To: Salvation

Words do not mean a damn thing. We need a bookburning and put all of the dictionariews on fire. We are adrift. Liberty is dead.


55 posted on 06/28/2012 8:15:23 AM PDT by Texas Songwriter (Ia)
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To: luvbach1

“We tried a Civil War 150 years ago. All it accomplished was to preserve the union.But we wouldn’t want that any more than the Confederates did.”


So we just give up because it was tried before? If at first you do not secede, try, try, try, try, try again.

Elections do not change people’s opinions and it is all to obvious that half this country is nothing like the other half and they are becoming oppressive with all their government mandates, and limits to our Creator given rights.

The founders knew an election would not help. Thomas Jefferson gave us ample warning.

We must have secession by peaceful means if at all possible but secession none the less.


56 posted on 06/28/2012 8:17:08 AM PDT by Wurlitzer (Nothing says "ignorance" like Islam!)
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To: RJS1950; LucyT; MestaMachine

IMHO, if the HC decision comes down on June 28th and goes against the Constitution, it will have been done by the jihadis.

1389 ? Battle of Kosovo takes place between Serbian and Ottoman army.

1519 ? Charles V is elected Emperor of the Holy Roman Empire.

http://en.wikipedia.org/wiki/June_28

1914 - Archduke Francis Ferdinand and the Mrs. Archduke were assassinated by Serb nationalist in (what is now known as) Sarajevo, Bosnia. WW I begins.

1919 - The Treaty of Versailles was signed ending World War I exactly five years after it began. The treaty also established the League of Nations.

1942 - German troops launched an offensive to seize Soviet oil fields in the Caucasus and the city of Stalingrad.

1949 - The last U.S. combat troops were called home from Korea, leaving only 500 advisers.

1950 - North Korean forces captured Seoul, South Korea.

1954 - French troops began to pull out of Vietnam?s Tonkin Province.

1960 - In Cuba, Fidel Castro confiscated American-owned oil refineries without compensation.

1964 - Malcolm X founded the Organization for Afro American Unity to seek independence for blacks in the Western Hemisphere.

http://www.on-this-day.com/onthisday/thedays/alldays/jun28.htm

The Night of the Long Knives started on June 29th...as in the day following.

http://www.historylearningsite.co.uk/night_of_the_long


57 posted on 06/28/2012 8:17:16 AM PDT by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spiritui Sancto.)
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To: 7thson

Most of it comes into effect 2014. Some provision are now in effect..I.E the 26 year old coverage etc.


58 posted on 06/28/2012 8:17:52 AM PDT by crz
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To: cripplecreek

The fed can bluster all it wants about what it will do to the individual states but I believe they understand that stomping on a state will bring consequences down on their heads that they do not want.


59 posted on 06/28/2012 8:18:54 AM PDT by RJS1950 (The democrats are the "enemies foreign and domestic" cited in the federal oath)
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To: Wurlitzer
We must have secession by peaceful means if at all possible but secession none the less.

I don't necessarily disagree. But first we need to get the US Military on our side.

60 posted on 06/28/2012 8:29:53 AM PDT by luvbach1 (Stop the destruction in 2012 or continue the decline)
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To: jonno
Roberts understood that this would light a fire - and it will...

Nope. Juan Williams was right (for once). People will talk about this for a few days, then forget about it.

A few patriots will try to have the whole thing overturned, but most of us (Congress included) will simply go back to watching TV.

61 posted on 06/28/2012 8:30:22 AM PDT by Leaning Right (Why am I carrying this lantern? you ask. I am looking for the next Reagan.)
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To: jonno

That is actually an interesting take. I noticed that even drudge has dug up Obama’s “This is not a tax” speech.


62 posted on 06/28/2012 8:36:54 AM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: jonno
I think you're giving Roberts too much credit. The problem with this ruling is that although Deathcare is a wildly unpopular piece of legislation with the people and the Republicans are promising to dismantle it, the GOP doesn't historically retain majority. The Dems got the go ahead from SCOTUS and even if it's dismantled, the first opportunity the Dems have to re-grab 1/6th of the economy, they'll take it. Thanks to SCOTUS and its continued perfusion of the CC, this will never end.
63 posted on 06/28/2012 8:43:22 AM PDT by liberalh8ter (If Barack has a memory like a steel trap, why can't he remember what the Constitution says?)
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To: Maceman

It’s a disgrace: Congress no longer has to even be tied down by the Commerce Clause to compel the plebeians to do what it wants- it will simply do it under this new backdoor tax approach (...without even having to call it a “tax”). I didn’t think it was humanly possible, but I think this may be an even worse decision that simply saying it was valid under the Commerce Clause.


64 posted on 06/28/2012 8:48:26 AM PDT by Qbert ("The best defense against usurpatory government is an assertive citizenry" - William F. Buckley, Jr.)
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To: luvbach1

“I don’t necessarily disagree. But first we need to get the US Military on our side.”


If enough people of character and backbone come together and begin another Declaration of Independence moment I have high confidence the Military knows fully well who will always support them.


65 posted on 06/28/2012 8:49:26 AM PDT by Wurlitzer (Nothing says "ignorance" like Islam!)
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To: liberalh8ter

Perfusion should be perversion. I hate my iPad.


66 posted on 06/28/2012 8:53:09 AM PDT by liberalh8ter (If Barack has a memory like a steel trap, why can't he remember what the Constitution says?)
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To: RJS1950

I agree, and when this is pointed out the who thing will implode.

Those rejoycing are going to be very unhappy.


67 posted on 06/28/2012 8:53:30 AM PDT by Rumplemeyer (The GOP should stand its ground - and fix Bayonets)
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To: Maceman
On the radio I'm hearing that the tax is justified as similar to Social Security.

My question: Isn't social security only assessed against workers? If you have a stay-at-home spouse, that person does NOT pay social security, right? But that person will still be mandated to have health care coverage?

If that analogy is correct, then how are they similar? It's more like auto insurance. Only drivers have to pay auto insurance, not everyone. Social security is only paid by workers, not everyone.

But everyone must buy health insurance or the IRS will throw them in prison.

-PJ

68 posted on 06/28/2012 8:55:42 AM PDT by Political Junkie Too (If you can vote for President, then your children can run for President.)
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To: Maceman

I agree. I called my Senator’s Office (Marco the Man) and voiced the same sentiment. The bill did not go in as a tax. SCOTUS arbitrarily changed it to a tax. I know of no authority for them to do so. It was unconstitutional as written and is now surely unconstitutional as SCOTUS doe not have the power to tax.


69 posted on 06/28/2012 8:57:00 AM PDT by papageo
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To: Political Junkie Too

The “right people” will get waivers. They’ll still get “health care” but will be exempt from the “tax”.

Maybe stay at home moms will need to join a union to get their waiver.


70 posted on 06/28/2012 9:00:05 AM PDT by TurboZamboni (Looting the future to bribe the present)
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To: liberalh8ter
The Dems got the go ahead from SCOTUS and even if it's dismantled, the first opportunity the Dems have to re-grab 1/6th of the economy, they'll take it.

Agreed.

But we should remember that democracy is a messy business (in many ways it would be much "easier" to live under a benevolent monarch [one that come to mind is affectionately named the 'Morning Star'...]). As someone else has pointed out, it wasn't the SC that created this mess - it was congress.

And unfortunately we are getting the govt' - and subsequent laws - that we collectively deserve. And as I mentioned too it is not up to the SC to write our laws.

Yes this is going to haunt us for a long time. The answer is with educating the electorate. Unfortunately too, wisdom oftentimes comes at the END of a painful experience. It may be that our fellow citizens will learn - but only after experiencing the painful end result of 4 more years of BO.

My hope is that before the fall election our electorate gets a civics and economic lesson by watching Europe fall on it's face - having followed the same course on which BO is trying to direct us...

71 posted on 06/28/2012 9:03:06 AM PDT by jonno (Having an opinion is not the same as having the answer...)
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To: mosaicwolf
I'm just a simple retired soldier but it appears to me that the Supreme Court just raised everybody’s taxes. I always thought Congress had to do that.

I wonder if this means it has to go back to congress to st the rates etc etc

If so the ruling gave the house the power to kill it by not passing the taxes
72 posted on 06/28/2012 9:41:18 AM PDT by uncbob
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To: jonno

I was thinking the same thing


73 posted on 06/28/2012 9:43:28 AM PDT by uncbob
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To: uncbob
If so the ruling gave the house the power to kill it by not passing the taxes

The house already passed Obamacare, it's a done deal.

74 posted on 06/28/2012 9:43:42 AM PDT by Cementjungle
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To: kidd

Makes sense what you said

Even more so since it is 2014 the next congress can undo it


75 posted on 06/28/2012 9:49:02 AM PDT by uncbob
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To: uncbob
If so the ruling gave the house the power to kill it by not passing the taxes

I think this was Roberts main intent - "I am gonna throw you a rope - but you're gonna have to pull yourself out..."

76 posted on 06/28/2012 10:14:43 AM PDT by jonno (Having an opinion is not the same as having the answer...)
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