Posted on 08/28/2013 10:34:37 PM PDT by Windflier
Obamacare 'illegally bypasses Congress, unauthorized IRS power-grab'
Obamacare not only is unconstitutional, it illegally bypasses Congress, infringes on states’ rights and marks an unprecedented and unauthorized expansion of Internal Revenue Service power, according to a brand-new book released today.
In “Impeachable Offenses: The Case to Remove Barack Obama from Office”, New York Times bestselling authors Aaron Klein and Brenda J. Elliott quote scholars and legal organizations contending Obamacare constitutes a clear case of “taxation without representation.”
(Excerpt) Read more at wnd.com ...
While the Obama administration may argue the healthcare legislation was upheld by the Supreme Court, “Impeachable Offenses” reports the White House has been hard at work changing the implementation of key sections of Obamacare without congressional oversight.
Taxation without representation
One part of the Constitution that may be violated is Article 1 Section 9, which stipulates: “No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.”
The section is clarified in the Sixteenth Amendment: “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.”
The Supreme Court ruled the health-care mandate under the legislation is a tax. However, according to experts cited in “Impeachable Offenses,” this tax does not satisfy any of the three types of valid constitutional taxes – income, excise or direct.
Write Klein and Elliott: “Because the penalty is not assessed on income, it is not a valid income tax. Because the penalty is not assessed uniformly or proportionately, and is triggered by economic inactivity, it is not a valid excise tax. Finally, because ObamaCare fails to apportion the tax among the states by population, it is not a valid direct tax.”
Despite Obama’s public statements that the individual mandate was not a tax, the Supreme Court ruled June 28, 2012, in a 5 to 4 vote, with conservative Chief Justice John Roberts siding with the majority, that the requirement that the majority of Americans obtain health insurance or pay a penalty was constitutional, authorized by Congress’s power to levy taxes.
“The Affordable Care Act’s requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax,” Roberts wrote in the majority opinion. “Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness.”
In a second 5 to 4 vote, again with Justice Roberts joining the majority, the court rejected the administration’s most vigorous argument in support of the law, that Congress held the power to regulate interstate commerce.
The Commerce Clause, the court ruled, did not apply.
However, Klein and Elliott document the White House has been changing the law without involving Congress following the Supreme Court ruling and that multiple sections of the implementation of Obamacare are unconstitutional.
I highly doubt anything is going to happen to Zero.
I highly suggest reading the rest of the article. It’s a scholarly and damning indictment of the current administration’s unconstitutional bypass of Congress, and sets the stage for bringing articles of impeachment against Obama.
Your surrender to the tyranny is duly noted.
If you look at all of the Presidents that have served, committed egregious acts against the Constitution, and have gotten away with it leads me to believe that the likelihood of him being held accountable for his actions is very slim.
If you surrender before the fight is even engaged, you've lost by default.
Grown men practicing,” magical thinking” is pathetic.
stating an opinion isn’t surrendering to tyranny. we all wish and pray he’d be impeached and removed. i would sincerely ask you, given the current republican leadership, and the existing house and senate makeup, how you would see getting this accomplished right now.
Well, they got Al Capone on tax evasion...
Clinton got away with his crimes didn’t he?
Do you see the Pubbies with any backbone? They are just Dems in drag. This is all just for show.
Remember, Congress is a house full of Con-artists! It’s the perfect place for the District of Criminals.
So what are you gonna do about it? Bitch about how 'all is lost' on Free Republic?
Lotta good that'll do.
A good place to start would be a sense of the House resolution declaring it to be the opinion of the House of Representatives that Bork Obunga is not legally qualified to be president.
If you indict the Prez you really need to indict pretty much every cabinet department head, czar, and both houses of Congress.
No, but it does tend to sap the strength and fighting spirit of the troops when you've got a guy who sits around moaning day and night that you can't win.
Like Ted Cruz said on Rush today, "it becomes a self fulfilling prophecy."
The only way to stop this madness is to stand up and fight. Go wave a banner with an Overpasses group or work with your local Tea Party to elect patriots to Congress. Do something, for Pete's sake.
Forget it. I'm hoping Putin wins the next war. I took an oath to "preserve, protect and defend the Constitution..." not this kleptocracy.
You got a problem with that? I don't.
No, not at all. There needs to be a major house cleaning not seen since the beginning of written human history in ancient Sumer 6000 plus years ago.
Funny, but if you even half mean it, you can help to save your country. You first must refuse to surrender or back down, in your heart and mind.
That's a very personal thing, and not everyone can do it, but that's what it takes to make a country or keep one.
There's a laundry list of crimes, usurpations, and violations of the Constitution and statute law that would make much better charges for impeachment.
This country is too chicken to impeach the man for being the imposter that he is.
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