Bump
IMHO, this is a far better analysis of the tax issue than we saw in the SC decision.
It certainly isn’t an income tax even though it will be administered by the IRS; hence the 16th amendment waiver of apportionment cannot apply) It isn’t an excise tax (and, by the way, the early Congressional rejection of a tax on luxury carriages cited by Roberts would today be implemented as an excise tax and paid by the seller thus making it an indirect tax).
If it is a tax, and I don’t believe it is, it is an unconstitutional direct tax.
Wow.
GO 4 IT!
By the way, I think you should send your write-up to Ms Bondi.
If another suit is filed we won’t see a result until after the election, I’m afraid. So, the closest even that can have an impact will be the election. However, it pays to have a “Plan B” with this crowd.
By the way, I think you should send your write-up to Ms Bondi.
If another suit is filed we won’t see a result until after the election, I’m afraid. So, the closest event that can have an impact will be the election. However, it pays to have a “Plan B” with this crowd.
bump
That is why I never thought it would be upheld, you can’t punish someone with a tax.
It is not permissible for the government to use its power to tax and it taxing agencies to harasses, coercive, punish and destroy a citizens for any reason they see fit...we need to get this firmly established
...This is now not about Health Care anymore
The left, when in power, uses the power to tax as a weapon
Consider Obama's statement about coal power plans.."We will not stop you from building them...but we will tax them out of existence"
Consider the harassment of the Tea Party groups by the IRS
The original American revolution was keyed by Parliament using taxes as a coercive force and punishment on the American colonies (look up "Coercive Acts")
If we have to we need a new Constitution Amendment stated that the power granted to tax may NOT BE USE AS A coercive force or punishment on the people
...sometimes you have to spell out the obvious for the stupid like a Roberts
It is not permissible for the government to use its power to tax and it taxing agencies to coerce, harass, punish or destroy a citizen, state or business for any reason they see fit via that taxing power...we need to get this firmly established
...This is now not about Health Care anymore
The left, when in power, uses the power to tax as a weapon
Consider Obama's statement about coal power plans.."We will not stop you from building them...but we will tax them out of existence"
Consider the harassment of the Tea Party groups by the IRS
The original American revolution was keyed by Parliament using taxes as a coercive force and punishment on the American colonies (look up "Coercive Acts")
If we have to we need a new Constitution Amendment stated that the power granted to tax may NOT BE USE AS A coercive force or punishment on the people
...sometimes you have to spell out the obvious for the stupid like a Roberts
Bump
Regardless of penalties or apportionment, the SC has approved taxation as a means of sustaining Obamacare, that's all the room needed to weasel the application.
No one should expect that the majority of those who refuse to buy insurance, and are not covered by the hand full of employers who will continue to provide it, are outside of the 47% who pays no tax today.
(After all, that's a huge percentage of the dem's voter base...frequently more than once per election.)
The same income exemptions that leave them paying nothing and/or collecting a rebate for money they didn't pay into the system will assure that no government will actually charge them a tax for not being insured. The fed's already define them as exempt from taxes!
For now Obamacare is a reality, and it can be supported by new taxes; unless it's repealed, those taxes are going to be redirected to apply to you and me, the non-rich, not overly poor, taxpaying and insurance buying, middle class.
(Sorry, but it's only a mini-rant.)
sfl
So is this a two part quiz?...
In that, once ALL the SCOTUS agrees it is a tax..
You then can challenge if it is a LEGAL tax under the powers granted under the Constitution?
Did this box it the courts left being able to save Obama care if it is challenge as a LEGAL tax in a 2nt round?
...Remember a tax can not be challenge till it is first levied...is this rulings a poison pill for months from now after the election?
John, this a masterful dissection of CJ Roberts’ disastrous and insane ruling. Thank you for posting it. It clearly shows Roberts either misread or ignored the Constitution when rendering his majority opinion.
As was suggested upthread, please consider routing this write-up to Pam Bondi with all due haste. This is the Roberts Rule Killer.
It should be attacked and litigated against from every conceivable position until it has a stake through its heart and Roberts is publicly shown to be a fool.
The thirteenth amendment should also be raised, as we are now coerced to work to pay a tax or be forced to work to pay for insurance. Unlike income tax where we are taxed on the fruits of our labor and investments, we are now able to be taxed for not laboring (minimum income notwithstanding)
Roberts has enslaved all of America...and killed John Galt
Interesting
While I found Cain’s 999 appealing, there is a roadblock in that sales tax is not really constitutional, and would require a constitutional amendment. As should Obama care
Bump!