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What Did SCOTUS Just Do?
weeklystandard.com ^ | 11:31 AM, Jun 28, 2012 | Jay Cost

Posted on 06/28/2012 9:50:50 AM PDT by Resettozero

Was today's Supreme Court Obamacare decision a win for conservatives or a loss? It depends on what you were rooting for.

If you were above all interested in the bill being struck down, it was mostly a loss. On the other hand, if you were more concerned about the qualitative expansion in the power of the government that the bill represented, it was definitely a win.

First, the Roberts Court put real limits on what the government can and cannot do. For starters, it restricted the limits of the Commerce Clause, which does not give the government the power to create activity for the purpose of regulating it. This is a huge victory for those of us who believe that the Constitution is a document which offers a limited grant of power.

(Excerpt) Read more at weeklystandard.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: obamacare; scotus
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To: deener
Amen to that sentiment. We need to stand up and fight to clean out the Liberals in the upcoming election! Count me in. I refuse to give in to these people by hiding in my parents basement with my guns and a years supply of dried beans. That’s NOT the way America was built.

Unfortunately, the worst culprits have the biggest idiots for constituents, so we won't be rid of them through the ballot box. On to Plan B.
81 posted on 06/28/2012 11:22:42 AM PDT by crosshairs
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To: cripplecreek
Personally I think they solidified the GOP hold on the house and guaranteed GOP control of the senate.

cripplecreek, I don't mean this as disrespect, but screw the GOP, we need people who value truth, justice, honesty, and integrity. That is very much the anti-GOP, and also the anti-Dem.

82 posted on 06/28/2012 11:23:06 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: bossmechanic

No but it is SCOTUS job to protect the Constitution. Roberts flat out lied He legis;ated from the bench he decided a penalty was a tax and called it so. Then this law should have been struck down because it did NOT originate in the house it originated in the senate-—NOT the proper authority for taxation code. This ruling is a joke and Roberts is a traitor


83 posted on 06/28/2012 11:25:31 AM PDT by Nifster
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To: OneWingedShark
cripplecreek, I don't mean this as disrespect, but screw the GOP, we need people who value truth, justice, honesty, and integrity. That is very much the anti-GOP, and also the anti-Dem.

Unfortunately you won't find them at FR. Too many koolaid chugging toadies treating Mitt St. Jesus like the second coming of Reagan.
84 posted on 06/28/2012 11:26:26 AM PDT by cripplecreek (What does it profit a man if he gains the whole world but loses his soul?)
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To: Resettozero

This is just silly. If this opinion says what I think it says, the government can make you buy health insurance by imposing what the Supreme Court has deemed to be a “tax”, even though the term tax is nowhere in the statute.


85 posted on 06/28/2012 11:26:41 AM PDT by popdonnelly (The first priority is get Obama out of the White House.)
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To: Resettozero
Jay, this ...."First, the Roberts Court put real limits on what the government can and cannot do. For starters, it restricted the limits of the Commerce Clause, which does not give the government the power to create activity for the purpose of regulating it. This is a huge victory for those of us who believe that the Constitution is a document which offers a limited grant of power..... Is just dousing a shitload of whorehouse perfume on a whopping, steaming, stinking turd. Nuff said
86 posted on 06/28/2012 11:26:41 AM PDT by Gaffer
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To: cripplecreek
Unfortunately you won't find them at FR. Too many koolaid chugging toadies treating Mitt St. Jesus like the second coming of Reagan.

Well, you won't find me voting fro Romney; and I'm glad that you see it/Ronmey so clearly.

87 posted on 06/28/2012 11:29:27 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark

My primary reason for voting will be to hold my district’s house seat and to replace Debbie Stabenow with either Pete Hoekstra or Clark Durant. Hoekstra is flawed but well to the right of Romney.


88 posted on 06/28/2012 11:33:09 AM PDT by cripplecreek (What does it profit a man if he gains the whole world but loses his soul?)
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To: Nifster
Roberts didn't call it a tax. The govt lawyers, in arguing the case before SCOTUS presented three arguments for ObamaCare:
  1. the commerce clause - SCOTUS ruled NO
  2. necessary and proper clause - SCOTUS ruled NO
  3. it's a tax - SCOTUS ruled YES

Roberts just said, hmmm, so you want to call it a tax. Okay, it's a tax. Now what? If they call it a tax, it's doomed politically, financially and maybe also constitutionally. Since I can't argue that it's not a tax, and Congress does have the power to set taxes, let's give them what they want.

It's the same as when an Aikido or Judo master uses the energy of an opponent to throw them across the room. Roberts just threw ObamaCare under the bus and he used their own arguments to do it. He is right and he did what is best for the country.

ObamaCare is insane and the curtains have now been removed so everybody can see what it really is. It will not survive this and neither will Obama or any Democrat who voted for it when it was NOT a tax.

89 posted on 06/28/2012 11:35:40 AM PDT by tentmaker (vote for John Galt)
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To: tentmaker

I like you take on this. So does my family who have been ranting and raving for HOURS now!


90 posted on 06/28/2012 11:42:01 AM PDT by bonfire
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To: bonfire
I like you take on this. So does my family who have been ranting and raving for HOURS now!

lol...your's too? My sister, who is so hard-core conservative that I swear she makes me look like FDR, has practically been ready to dive off the nearest cliff.

I sent her some good analysis from FR and other places to talk her down!

91 posted on 06/28/2012 11:47:51 AM PDT by Future Snake Eater (CrossFit.com)
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To: tentmaker

you are clueless. Roberts called it a tax by letting that argument stand. The bill does not call it a tax. When passed the congress specifically said it wasn’t a tax. the lawyers for the our sude pointed out it wasn’t a tax.

you can delude yourself all you want. enjoy the turd sandwich


92 posted on 06/28/2012 11:51:29 AM PDT by Nifster
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To: cripplecreek

But, so what? We are still going to have Obamacare being implemented. The best case scenario is a total takeover: Mitt wins the Presidency, the GOP holds the House, and we pick up enough seats to gain a thin majority in the Senate.

Which then uses the 60 vote filibuster rule to prevent any repeal of Obamacare. So, with all that work we sit and watch helplessly as Obamacare goes into full force. In fact Romney will be the one implementing it, with some new Sec. of HHS repalcing Sebelius.

What are the chances that Mitch McConnel dumps the filibuster rule at the start of the session? Almost ZERO.

Chances that Obamacare, after being upheld by the Supreme Court, will not be fully implemented? Almost ZERO.


93 posted on 06/28/2012 11:52:25 AM PDT by Jack Black ( Whatever is left of American patriotism is now identical with counter-revolution.)
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To: tentmaker
So, Roberts has done his job in protecting the Constitution and now it is up to us to do our job.

What Roberts did was use any rationale he could to uphold Obamacare. If he can do that on this case, he can do it on any other. He hasn't protected anything.

The three true conservatives on the court disagreed with Roberts, as did the more usual swing vote Kennedy. Those four considered Obamcare to be unconstitutional.

94 posted on 06/28/2012 12:06:53 PM PDT by Will88
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To: Future Snake Eater

My BIL called the minute he heard the decision. My sis and three of my kids are here with me. It’s been LOUD and I have a spliting headache! We are quite the conservative, opinionated family. Everyone PREACHING to the choir and talking OVER eachother.

oy vey.


95 posted on 06/28/2012 12:09:03 PM PDT by bonfire
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To: HiTech RedNeck

However one feels about slavery, a most vile practice, the slaves were considered property by no less than the Constitution. Dred Scott reaffirmed the damnable practice that was the law at the time. It was immoral, yet we accept the murder of the unborn and now suptreme power unto the federal government.

In their secession, the Confederate States were right in opposing this damnable beast that has become master of its creators. Too many today will sigh and say the Court has spoken, there is nothing left to do.

We have two choices left to us: a) Accept the chains and become slaves to the federal government; or b) fight to the last breath standing as a free man. I choose FREEDOM.


96 posted on 06/28/2012 12:50:44 PM PDT by NTHockey (Rules of engagement #1: Take no prisoners)
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To: NTHockey

If every state had given up slavery of itself, Dred Scott would have been a dead letter. The Constitution permitted it of states, but did not require it of them.


97 posted on 06/28/2012 12:54:30 PM PDT by HiTech RedNeck (let me ABOs run loose, lew)
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To: Resettozero

98 posted on 06/28/2012 12:56:57 PM PDT by timestax (Why not drug tests for the President AND all White Hut staff ? ? ?)
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To: Liberty Tree Surgeon

I wish the SCOTUS was in the business of guaranteeing us a constitutional democracy. Theoretically, it should. Practically, it has not. It is not my insight, but it has been observed that historically the SCOTUS has not been a bulwark against encroachments on our liberty.

See Powerline http://www.powerlineblog.com/archives/2012/06/take-this-tax.php

My point is that our best defense of our liberties it to fight for them. We may lose. But if we delegate that fight, we are almost certain to lose.


99 posted on 06/28/2012 1:37:36 PM PDT by RedElement
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To: tentmaker

the commerce clause - SCOTUS ruled NO
necessary and proper clause - SCOTUS ruled NO
it’s a tax - SCOTUS ruled YES


Note - Robers said it was a tax — he did not say that the tax was constitutional.

In fact, the AntiInjunction law prohibits the Supremes from ruliing on the constitutionality of a tax until it is collected (April 2015, for CY 2014)


100 posted on 06/28/2012 1:48:29 PM PDT by Mack the knife
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