I am Shocked
All three judges agree there is a tax here. All three judges agree that tax bills must originate from the House of Representatives. All three judges agree that this tax didn’t originate from the House. All three judges disregard the facts that they acknowledge and rule against the facts.
Now, these judges aren’t completely stupid. They know that what they ruled is illogical and wrong. They took the easy way out. They’re liberals. That’s what they do. If they followed their brains and consciences and ruled against this, they get in trouble with their liberal buddies. If they do the wrong thing and rule for this, their liberal buddies are happy and the three judges know that this will go to The Supreme Court and hopefully, they’ll do the right thing and strike this down and let these three liberal judges off the hook.
We sit here at Free Republic and wonder why there are so many problems. It’s because we, as a nation, have lost our virtues. These judges behaved in a cowardly manner. “Courage is the foundation of all the other virtues.” Well, here we have three Federal Judges who chickened-out. They are supposed to defend the people. Cowardice defends no one.
The Unintended Consequences of this decision are HUGE. What do we need a House Of Representatives for? Can the Senate just increase taxes by adding a small tax to every Bill? They just opened Pandora’s Box.
A legal system taken over by the pinkos will of course side with their red leader.
When, if ever, are the people going to realize there is never going to be any (Constitutional) justice to be had in the federal courts?
The Republican traitors have blithely allowed every Dem socialist to pack the courts with anti constitutional (i.e. anti American) jurists while at the same time acting like whipped dogs whenever these “courts” violate the Constitution.
Redress of our grievances? Fat chance in hell. They are called kangaroo courts for a reason.
Hope they said a good word for gay marriage while they were at it!
What an illustration of pretzel reasoning! Of course it's a revenue-raising measure. It's the IRS who will collect the money.
"IRS" - Internal REVENUE Service.
How long will this go on before there's a revolution?
As mentioned in related threads, regardless what activist justices and judges want everybody to believe about the constitutionality of Obamacare Democratcare, the Supreme Court had historically repeatedly clarified the following about any so-called federal public healthcare program.
While it is clear just from reading Congress's constitutional Article I, Section 8-limited powers, the Supreme Court had clarified that the Constitution's silence about any so-called federal public healthcare program means that the states have never granted the feds, expressly via the Constitution, the specific power to regulate, tax and spend for public healthcare purposes. This is evidenced by the following excerpts from Supreme Court case opinions.
”State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress. [emphases added]” —Gibbons v. Ogden, 1824.
“Congress is not empowered to tax for those purposes which are within the exclusive province of the States.” —Justice John Marshall, Gibbons v. Ogden, 1824.
“Inspection laws, quarantine laws, health laws of every description [emphasis added], as well as laws for regulating the internal commerce of a state and those which respect turnpike roads, ferries, &c., are component parts of this mass.” —Justice Barbour, New York v. Miln, 1837.
“Direct control of medical practice in the states is obviously [emphasis added] beyond the power of Congress.” –Linder v. United States, 1925.
And regardless that Democrats and RINOs will argue that since the Constitution doesn't say that Congress cannot establish a national healthcare program, it means that they can do it, please consider that the Supreme Court has also addressed that kind of foolish thinking. The Court has clarified that powers not delegated to the feds, expressly via the Constitution, are prohibited to the feds.
”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.
This is another example of why any impeachment efforts will be futile. It will never happen because it won’t be allowed to happen. Most Washington GOPs are unaware of the tyrannical juggernaut we face because it’s been painted all warm and fuzzy by the media and leftist supporters.
-PJ
Democratcare is too important to trust to the Constitution alone. Wiser heads prevailed and lucky for us they’re top men, top men.
Two judges appointed by Obama and one by Clinton. What did anyone expect?
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.
Despite Roberts' proclamation that Obamacare was a valid tax bill, the Circuit Court says it doesn't violate the origination clause because it isn't primarily a tax bill.
Not interstate commerce. Not taxing authority. What enumerated power does Obamacare fall under?
Ad hoc enforcement of the law is what the left is all about. In other words, they are lawless.
They threw Article 1 a bone a few months ago when they ruled Congress in session to invalidate Obama's fake recess appointments, but they just took the bone away when they disregarded the Origination clause just to protect Obama.
-PJ
If the Obamacare tax is really a tax, it is a tax on what? A tax is usually a tax on something. John Roberts is a giant phoney calling it a tax. Every tax I can think of is a tax on something you get. This is a penalty paid on nothing to punish people for not succuming to Obama’s mandate that you buy health insurance, nothing else. No tax is a tax on nothing received. It is a penalty, nothing more.
Stop rationalizing this
Plain language is plain language
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.
“Yeah, it’s a tax, but it doesn’t count. Oh, you peons just don’t get it!”
I am Shocked
Where are the Constitutional lawyers and scholars when you need them?
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"......