Posted on 03/23/2010 9:46:46 PM PDT by jsdjason
Posts like this are what made FR the powerhouse it is today. Nice!
I am ridiculously hopeful about all this.
Somehow I just can’t believe America is going to fall this far, this fast.
Perhaps I am a fool and will have mud on the face soon. But I really the DC judge and the Supreme Court will do the right, the only right thing.
Self tag for reference tomorrow when I’m awake and alert enough to read SCOTUS cases.
Can you forward that to the VA and Florida AG offices?
BTTT
This case should be a powerful weapon for McCollum. This was an 8-1 decision and written beautifully by Chief Justice Taft. If this was good enough for Oliver Wendell Holmes, one of the greatest jurists in our history, it’s good enough for me.
Thanks for this post.
Ping.
And without seeing this case O’Reilly called this exact point tonight...inflicting a penalty but calling it a tax is a ruse to skirt the law.
Let me ask you, what is to stop them from just amending the penalty into a tax, and then issuing a tax credit equal to the tax to all who purchase health insurance?
Granted they would have to force EVERYONE to file and the poorest to actually pay them, but wouldn’t that be an out?
I’m positive they are aware of it. I just did a quick LexisNexis search and it popped up near the top of my query, which was “the validity of taxes as regulation.”
But anyways, I shepardized and it has never been overturned, so it is good law, but has not been cited to that often in other cases. I think that is only true because we have not had many cases like that Bailey or like the one coming through the courts now. We are truly in uncharted territory, as even Bailey is not directly on point. In Bailey, they were trying to regulate child labor through a tax. Here they are trying to regulate mere existence as a U.S. citizen. This case should not even be close in my eyes.
"An act of Congress which clearly, on its face, is designed to penalize, and thereby to discourage or suppress, conduct the regulation of which is reserved by the Constitution exclusively to the States, cannot be sustained under the federal taxing power by calling the penalty a tax."
Yea isn't that the "tax" for not purchasing insurance?
Very interesing, however I don’t know how much faith I have in this current court, to get it right.
USUAL DISCLAIMER: I’m not an attorney...yet. But to answer your question, I think this is pretty much what they are doing now. They are disguising a penalty for not buying insurance by calling it a “tax” that the IRS will collect if you don’t buy. The “tax” is nothing more than a penalty. But the most perverse thing about all this is they are penalizing not child labor, not sex offenders, no nothing like that, they are penalizing you for being a citizen. Even illegals don’t have to pay the “tax.”
Gotta love ‘Big Bill’ Taft!!!
>regulation of which is reserved by the Constitution exclusively to the States<
have a cite for that?
bttt
Sadly, this was among many other cases that have been left stranded on the quicksand shores of precedent superceded by the so-called New Deal cases.
Dissenter was a ‘Wilson’ man, go figure.
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