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To: NaturalBornConservative; All
Regardless whether an appropriations bill establishes taxes, fees or penalties, note that the Constitutions’s Clause 1 of Section 7 of Article I, the appropriations clause, uses only the term raising revenue. And raising revenue is what constitutionally indefensible Obamacare does regardless which of the previously mentioned terms that corrupt politicians and activist justices want to call it.

But more importantly, note that one of the excerpts from previous post reasonably indicates that Congress is prohibited from making appropriations bills of any kind which it cannot justify under its Article I, Section 8-limited powers.

”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.

In other words, regardless of any appropriations bill that Congress makes to raise revenue in the name of intrastate healthcare, Congress actually has no constitutional authority to make such a bill any more than Congress can make laws which address our 1st Amendment-protected personal freedoms.

The bottom line concerning Obamacare is the following imo. Congress wrongly ignored that it first had to propose an amendment to the Constitution to the states as required by the Constitution’s Article V, the amendement in this case granting Congress the specific power to regulate, tax and spend for intrastate healthcare purposes. And if the states had chosen to ratify such an amendment then I wouldn’t be making this post.

But corrupt Congress and corrupt Obama wrongly ignored the will of the Article V state majority, as DC has done with probably most federal spending programs that it has established for many decades, likewise wrongly establishing Obamacare outside the framework of the Constitution.

What a mess! 8^P

10 posted on 01/07/2015 8:48:38 PM PST by Amendment10
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To: Amendment10

Yes, it is a mess, because in my profession, I am ethically obligated to practice and advise on what stands as the law, whether I agree with it and the manner whereby it was passed, or not. I have no choice other than to concede that the PPACA is the law, but I will not be coerced into compliance with the individual mandate. The government can threaten to tax or penalize me, but I do not intend to ever purchase one of its prescribed health insurance plans. Fortunately, the statute doesn’t grant the IRS power to file liens and levy’s with regard to this tax, so they may never get it.


11 posted on 01/07/2015 9:14:52 PM PST by NaturalBornConservative ("Something that everyone knows isn't worth knowing" ~ Bernard Baruch)
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