Posted on 06/28/2012 9:09:26 PM PDT by little jeremiah
....But while Roberts may have saved Obama's signature domestic legislation — and perhaps his reelection campaign — by siding with the court's liberal wing, he actually did it in spite of Obama, not because of him.
Roberts' opened his opinion today by declaring, unequivocally, that the individual mandate — which requires people to buy insurance or pay a penalty — is not constitutional under the Commerce Clause or the Necessary and Proper Clause. It's a direct shot at the Obama administration's defense of the law's constitutionality, which largely relied on those two clauses, which give Congress the power to regulate commerce and to enact provisions that are necessary to carry out its laws, respectively.
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(Excerpt) Read more at businessinsider.com ...
It will be on the "honor system". ;o)
Does anyone seriously think that a measly hundred bucks from a non-complier is going to be worth the billions it will have to take to track down and force compliance? There is a MUCH, much bigger and sinister plan behind all this than "we just don't want 50 million people to be without health care." Most of us ALWAYS knew that was a false flag. I honestly don't think it will make a huge difference in the long run whether Romney or Obama is elected. Of course, I will do all I can to ensure Obama is NOT reelected, but I wonder if the road we are on is already too far traveled down to turn us around and go back in the right direction.
If the cause is unconstitutional, how is the consequence then constitutional?
Outstanding, my friend! That is the most well-reasoned argument I've seen against Roberts' ruling today. Please consider posting it as a separate thread. It's too good not to share with the whole forum.
You've just punched a hole in this thing big enough to send it crashing to the ground.
Terrific argument!!
This is an absolutely ridiculous ruling and no one should obey this law. No one! Let’s see them try to put more than half of the people in this country in prison!
I do believe you have just read the future of this thing. The Constitution didn't fail today, and evil did not win. A blatantly unjust law cannot be enforced, except by direct point of a gun. They do not have the will (or enough guns) to do that, so the ruling will go unenforced. The people will not abide by it, so help me.
Roberts didn't hurt the people or the Constitution today. He effectively just de-legitimized the high court.
What nonsense. Where's the threat? Ginsberg resigns and is replaced by a younger version of herself? If such absurd chatroom chatter were correct Roberts would need to recuse himself from all further hearings on account of being an imbecile.
As long as we stand mute, and say nothing, then I agree. Of the several partners mentioned in our Constitution, The People are the only ones not fully exercising their rights, as I see it.
The time for that to change is obviously long overdue. Perhaps today's SC ruling will finally compel millions to step up and fight back like our forefathers did. If we don't, the next egregious over-reach by our government will be even worse.
You said it best in post 142. If the mandate is unconstitutional, then how can you be penalized with a 'tax' for not participating in the government's health care scheme?
What in the Constitution gives the Chief Justice the authority to grant Congress the unlimited power to tax? Answer: nothing.
People are going to revolt over that simple reasoning.
We’re here because of a complacent constituency; one that relied on the votes of others, and ultimately 5 jackwagons in black robes. No, I’m not placing my faith in Romney.
It seems to me that we can avert the ultimate remedy by making the proper investments in getting out the vote, not only for this November, but for the many years that follow. Can we at least do that?
It’s going to take a couple of decades to fix this... BFD. This ain’t nothing compared to the Revolutionary or Civil Wars. In comparison, the sense of defeatism expressed here is embarrassing.
Of course it is.
It may turn out to be more important to overturn yesterday's USSC ruling than to overturn Obamacare.
And the Dodgers outhit the Mets tonight but it didn’t matter. The Mets won the game.
It is not any tax that the Constitution permits.
Roberts also screwed Romney, who called his Massachussets mandate (tax) a “fee, not a tax.” Now we know it was a tax and Obama will point this out in their debates:
Romney: Mr. Obama wants to tax the middle class.
Obama: You taxed the middle class as governor.
Romney: Uh. Oh yeah. Sorry.
I'm in full agreement with that, and with resisting the tyrannical beast with everything we've got.
Wait til Americans start getting hit with the 'tax' for not playing the Socialist health care game. There's going to be mass resistance like you've never seen in this country.
I also hope that Boehner does hold a new vote on Obamacare in the House. Make the Democrats in the Senate vote for laying a tax on the people for simply existing, during the midst of an economic disaster.
I really don’t think that Obama gives a rat’s ass how he gets to take over the US health care system, so long as he gets to take it over. Whether it’s called a tax, a penalty, or unicorn turds, what matters is that he got what he wanted and Roberts handed it to him.
Yep.. get this law repealed and another passed that directly addresses that taxation issue.
Kennedy did. He said the entire law was "un-Constitutional" and Scalia, Thomas, and Alito agreed. Roberts made new law, along with the libs on the court.
>> I also hope that Boehner does hold a new vote on Obamacare in the House
Hell, yeah. Some opportunity for Boehner. Hopefully he’ll follow through.
WHat John Roberts did was give the us federal government unlimited power.
They can make us do whatever the hell they want, and they are sick, twisted, evil people.
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It has been that way for a while. The mask is off, and all pretense otherwise is gone now. In a way, that is better. It brings us back to the truth of Reagan, which for over two decades has been muffled and hidden by neocon Republicans:
Government is not the solution. Government is the problem.
Eunuchs don’t breed, and Boehner won’t fight.
Roberts has some type of health issue, controlled seizures with medication. Don't know the details, but I wonder if that influenced his decision?
Bingo Dave!! Roberts eviscerated the “Commerce Clause” excuse for generations to come and set the stage for repeal this “tax” by a simple 51 vote majority in the Senate as was used to pass it to start with! It is now up to us to get those majorities in order to kill the entire issue without future challenges!!
JC
As nice as it would be to have the Commerce Clause rolled back to its correct interpretation, I’ll believe it when I see it.
I expect what we’ll see is the worst of both worlds: the Commerce Clause AND the new wrinkle on “taxing power” being used to justify expansions of federal power.
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