Posted on 09/25/2013 11:16:02 AM PDT by JOHN W K
The 16th amendment basically overrode the apportionment clause:
“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.”
Although, on reading it, that refers to an income tax. So you may be right. Never mind.
I like your definition best (above), but I think to Roberts, who was looking for some way, any way to justify this, the subject matter being taxed is "existence," which makes it a Capitation Tax? I think that's an incorrect view, because you can avoid the poll tax by purchasing something. IANAL, so my opinion on this isn't worth much, admittedly, but it seems to me one has to consider the insurance premiums a Capitation Tax, and that violates all the words in Webster's Dictionary.
Sometimes it's a tax, sometimes it's a fee, depending on which definition works best at any given moment.
The Heisenberg uncertainty principle of federal regulation.
The individual penalty is not a tax on income. It is a tax on lack of action—that is, not having insurance.
It rectified differences in incomes.
Wages could always be taxed as an indirect tax. Rent on property could not until the amendment was passed.
the supreme court held there was no difference in taxing property directly and taxing the rent gained from the property, that both were direct taxes on property. That was the injustice that the amendment was to correct.
I believe you are correct, however John Roberts said it didn’t matter and only his opinion counts.
Good points. Listening to Harkin defend the ACA, one can see that it is income redistribution. He’s talking about all the new benefits some people will get (while other people, the ones who have been responsible all along, will have to pay for them; he doesn’t mention that part of it, of course). He thinks he’s making such amazing sense, but he’s just enumerating the specific ways in which income will be redistributed.
FUJR!
MAKE DC LISTEN: TELL YOUR SENATORS TO OPPOSE CLOTURE ON H.J. RES 59
We must oppose cloture on H. J. Res. 59, so that Harry Reid and Senate Democrats cannot sneak in funding for Obamacare. We need you to call your Senators right now: tell them to oppose cloture on H.J. Res 59 and remind them that a vote for cloture IS a for funding Obamacare.
State Senator Party Phone
AK Mark Begich D (202) 224-3004
AK Lisa Murkowski R (202) 224-6665
AL Jeff Sessions R (202) 224-4124
AL Richard C. Shelby R (202) 224-5744
AR John Boozman R (202) 224-4843
AR Mark L. Pryor D (202) 224-2353
AZ Jeff Flake R (202) 224-4521
AZ John McCain R (202) 224-2235
CA Barbara Boxer D (202) 224-3553
CA Dianne Feinstein D (202) 224-3841
CO Michael F. Bennet D (202) 224-5852
CO Mark Udall D (202) 224-5941
CT Richard Blumenthal D (202) 224-2823
CT Christopher Murphy D (202) 224-4041
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IA Chuck Grassley R (202) 224-3744
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IL Mark Kirk R (202) 224-2854
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NJ Jeff Chiesa R (202) 224-3224
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PA Patrick J. Toomey R (202) 224-4254
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UT Mike Lee R (202) 224-5444
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VA Mark R. Warner D (202) 224-2023
VT Patrick J. Leahy D (202) 224-4242
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WA Patty Murray D (202) 224-2621
WI Tammy Baldwin D (202) 224-5653
WI Ron Johnson R (202) 224-5323
WV Joe Manchin D (202) 224-3954
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WY John Barrasso R (202) 224-6441
WY Michael B. Enzi R (202) 224-3424
- See more at: http://tedcruzforsenate.org/tell-your-senators-to-oppose-cloture-on-h-j-res-59/#sthash.CvqYzXvd.s4d7EOIg.dpuf
Is Roberts a heavy drinker of alcohol in the morning?
I have posted this many times, and, because it directly deals with the survival of the country, I will now post it again. Hopefully, someone will read it.
But in short, what it says is that Roberts addressed the fact that this "healthcare" law was placed within the tax code.
Ever wonder about that? Ever wonder why, since it's so huge, it's not just it's own section of federal law, like any other section of federal law?
That's what Roberts drilled in on. You use words like "individual" and "the people" without realizing that the tax code specifies these as very different things. "Individuals" and "persons" are not the same as "the people" - the former are corporate entities or people with corporate authority, and the latter are non-corporate human beings.
What Roberts ruled was based on these distinctions. He ruled that yes, Congress can tax a corporation any way it wants, but it cannot so do so to a non-corporate human being. And that that distinction applies to Obamacare.
But did anyone GET that? It certainly doesn't seem so.
If you want to read the details, and see what Roberts really did, and how brave and valuable and freeing his ruling actually was, read the following. Because we don't have to overthrow Obamacare if it doesn't apply to us in the first place, and THAT is was Roberts REALLY ruled.
One Stone, Two Powers: How Chief Justice Roberts Saved America
Does this mean the penalty imposed on you when you fail to pay your taxes is itself not a penalty but a tax?
(Another legalistic mind-bender from the idiot in the black dress at the USSC. How embarrassing.)
A more careful reading tells us that your FAILURE to get the surgery will be the cause of a new tax on your income.
I don’t know, but contemplating Capitation Taxes this early in the day makes *me* want a drink....
But if you need to replace a valve, that’ll be extra because of the Medical Devices Tax. This bunch has you screwed coming and going, Raps....
No it didn't, it said that a tax on income was permissible. Direct taxes other than taxes on income still must be apportioned.
This would come into play in the case where someone who is self-employed shows a loss for the year. If they do not have income, a penalty (tax) for not having insurance would be an impermissible unapportioned direct tax.
As the godfather said, A good citizen is one who stays screwed....
Right. See my next post down. I realized my error.
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