Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: publiusF27
The declared object of the Narcotic Law is to provide revenue

Was the declared object of Social Security or the Healthcare law to provide revenue?

Congress cannot, under the pretext of executing delegated power, pass laws for the accomplishment of objects not intrusted to the federal government.

Social Security, general welfare, Helvering, Flemming. The 800 pound gorilla in the room seems to be invisible to you.

"He insists that the present levy is not a true tax, but a penalty imposed for the purpose of suppressing traffic in a certain noxious type of firearms..."

"He" lost the case.

Meaning they are giving the "penalty" a pass because it's a tax, not a penalty.

That's not what they said. Here's what they said:

First. It is beyond serious question that a tax does not cease to be valid merely because it regulates, discourages, or even definitely deters the activities taxed. Sonzinsky v. United States, 300 U.S. 506, 513 -514 (1937). The principle applies even though the revenue obtained is obviously negligible, Sonzinsky v. United States, supra, or the revenue purpose of the tax may be secondary, Hampton & Co. v. United States, 276 U.S. 394 (1928). Nor does a tax statute necessarily fall because it touches on activities which Congress might not otherwise regulate. As was pointed out in Magnano Co. v. Hamilton, 292 U.S. 40, 47 (1934): [340 U.S. 42, 45]

Social Security, individual mandate, general welfare and tax, flexible language interpretation. Is none of that going to be addressed? Did I just waste my time responding to you?

37 posted on 10/21/2010 10:57:43 AM PDT by Mojave (Ignorant and stoned - Obama's natural constituency.)
[ Post Reply | Private Reply | To 36 | View Replies ]


To: Mojave
Social Security, general welfare, Helvering, Flemming.

I already said this would be similar if SS were privatized, above, but it has not been and is just a government program. What was said in dicta about the general welfare clause is not what was held in Helvering:

(2) The tax upon employers is a valid excise or duty upon the relation of employment. Steward Machine Co. v. Davis, ante, p. 548. P. 645.

The tax is valid, and therefore the program is a valid exercise of that power. Has the general welfare clause ever been used as a stand-alone grant of power, not in conjunction with enumerated powers?

It's not in conjunction with the taxing power here for the reasons I gave. Why do you think the courts in those cases were distinguishing the tax from a penalty?
38 posted on 10/21/2010 12:58:45 PM PDT by publiusF27
[ Post Reply | Private Reply | To 37 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson