Skip to comments.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?
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!
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.
The answer’s in front of us all....whatever way one wishes....
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.
“We tried a Civil War 150 years ago. All it accomplished was to preserve the union.But we wouldnt 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.
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.
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.
The Night of the Long Knives started on June 29th...as in the day following.
Most of it comes into effect 2014. Some provision are now in effect..I.E the 26 year old coverage etc.
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.
I don't necessarily disagree. But first we need to get the US Military on our side.
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.
That is actually an interesting take. I noticed that even drudge has dug up Obama’s “This is not a tax” speech.
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.
“I don’t necessarily disagree. But first we need to get the US Military on our side.”
Perfusion should be perversion. I hate my iPad.
I agree, and when this is pointed out the who thing will implode.
Those rejoycing are going to be very unhappy.
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.
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.
The right people will get waivers. Theyll 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.
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...
I was thinking the same thing
The house already passed Obamacare, it's a done deal.
Makes sense what you said
Even more so since it is 2014 the next congress can undo it
I think this was Roberts main intent - "I am gonna throw you a rope - but you're gonna have to pull yourself out..."
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