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I’m Not Down on John Roberts
Redstate ^ | June 28, 2012 | Erick Erickson

Posted on 06/28/2012 10:09:41 AM PDT by Jedidah

. . . I get the strong sense from a few anecdotal stories about Roberts over the past few months and the way he has written this opinion that he very, very much was concerned about keeping the Supreme Court above the partisan fray and damaging the reputation of the Court long term. . . .

Second, in writing his case, Roberts forces everyone to deal with the issue as a political, not a legal issue. . . Third, while Roberts has expanded the taxation power, which I don’t really think is a massive expansion from what it was, Roberts has curtailed the commerce clause as an avenue for Congressional overreach.

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


TOPICS: Business/Economy; Editorial; Government; News/Current Events; Politics/Elections
KEYWORDS: authorondrugs; healthcare; idiocy; individualmandate; johnroberts; obamacare; roberts; romney; scotus; stupidity; twit
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To: hinckley buzzard
What kind of "tax" is this? A previously unknown form? The answer of course is that it is not a tax at all. It is a financial penalty for unapproved but legal behavior. Calling it a tax does not make it one.

That is one of the most important statements that I've read all morning.

The points you raise need to be brought up over and over, until everyone understands that just because Roberts called it a tax, does NOT make it so. It is a fine, pure and simple, just as you stated.

So, in addition to failing to uphold the Constitution in this matter, and punting it back to Congress, Roberts has also given the bastards linguistic cover to justify forcing Americans to bend to this destruction of our liberties.

It is NOT a "tax", folks!

81 posted on 06/28/2012 10:59:19 AM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: Jedidah

Not a voice of reason. Not by a long shot.

Is Roberts a liberal, or do they have something on him?


82 posted on 06/28/2012 10:59:49 AM PDT by KansasGirl
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To: KevinB

true... but to be the devils advocate..

the libs are slimy, but do you really think they would pass a 3000 page law without the “whereunto” and “therefore” legal speak to make it pass constitutional muster?

The job of the court is to ensure compliance with the constitution.

The commerce clause has been cut down to size with this ruling. It can no longer be used to pass “under the radar” social programs. The funding must be called what it is, a tax increase.

With the medicare portion struck down, the states now have the ability to “opt out” from this without suffering financial hardship from the fed.

I guess the old saying, You get the government you elect holds true. It is up to us to get this thing gone.


83 posted on 06/28/2012 10:59:59 AM PDT by joe fonebone (I am the 15%)
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To: Obadiah; F15Eagle; 444Flyer
In my opinion, this paves the way and lays the ground work that will allow the government to mandate that every citizen must possess on their person - at all times - an identification, such as a mark, in order to conduct any type of transaction, health care, economic, or otherwise.

That's exactly right. And who makes the laws. Congress. Or even the USSC... sure why not in this lawless environment.

Rev 13

15 And he had power to give life unto the image of the beast, that the image of the beast should both speak, and cause that as many as would not worship the image of the beast should be killed.
16 And he causeth all, both small and great, rich and poor, free and bond, to receive a mark in their right hand, or in their foreheads:
17 And that no man might buy or sell, save he that had the mark, or the name of the beast, or the number of his name.

Obamacare is image of the beast. Bow down or die. Say, does it have its own logo yet?

84 posted on 06/28/2012 11:00:58 AM PDT by Ezekiel (The Obama-nation began with the Inauguration of Desolation.)
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To: Jedidah
The new tax will now be known as the “Roberts Tax.”

Bingo!
BO promised not to raise taxes on the under-250k crowd, and he evidently kept his word.
"Justice" Roberts levied the tax himself.

85 posted on 06/28/2012 11:01:15 AM PDT by Nevermore (...just a typical cracker, clinging to my Constitutional rights...)
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To: arthurus

Without GOP ruling the House, what do you think we would be looking at now? I shudder to think.

Tea-Party politicians are not the majority anyway. And they have to win future elections. Overall they did 200% better than democrats. Compromise is always the reality. But it matters very much how far to compromise.


86 posted on 06/28/2012 11:01:19 AM PDT by entropy12 (Hate is the most insidious emotion, it will rot your gut from the inside.)
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To: Jedidah

I believe he is being BLACKMAILED because his two ADOPTED children are from Ireland VIA LATIN AMERICA!! WHY via LATIN AMERICA??? ILLEGAL ADOPTION???? hmmmmmmm


87 posted on 06/28/2012 11:02:20 AM PDT by Ann Archy ( ABORTION...the HUMAN Sacrifice to the god of Convenience.)
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To: Jedidah
Here's an interesting analysis from one of the regulars at "Volokh Conspiracy" Legal blog.
88 posted on 06/28/2012 11:02:52 AM PDT by Sudetenland (Member of the BBB Club - Bye-Bye-Barry!!! President Barack "Down Low" Obama)
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To: xeno
First, and most importantly, it is abundantly clear the Constitution does not guarantee that individuals may avoid taxation through inactivity"

By implication, Congress can pass a tax on people who earn nothing. At present, you can avoid paying income and Social Security taxes by "inactivity." According to Roberts, there's no Constitutional guarantee that economic inactivity means protection from taxes. So, Congress could pass a head tax and it would be Constiutional.

From that, it's only one small step to "discover" that the Constitution does not guarantee that taxes can only be paid in legal-tender money.

Congrats, Yer Honor. You just opened the door half-way to saying that forced labor is Constitutional if structured as a tax.

89 posted on 06/28/2012 11:03:07 AM PDT by danielmryan
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To: Jedidah
"A voice of reason"

Where?

90 posted on 06/28/2012 11:04:50 AM PDT by JaguarXKE (If my Fluffy had a puppy, it would look like the puppy Obama ate!)
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To: rottndog

They passed this monstrosity with reconciliation, they can repeal it with reconciliation. 51 votes controls the senate. 51 votes can change the rules of the senate. 51 votes and the courage to exercise that control is all we need.”

That occurred to me, actually.

But I suppose I am expecting the GOP to not use that. As you note, it would require courage.

Even so, perhaps that can become our battle cry in January: reconciliation, repeal, or else (though our cry of “or else” grows weaker as each year passes...and freedom grows dimmer)


91 posted on 06/28/2012 11:07:54 AM PDT by ConservativeDude
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To: ConservativeDude
The idea of “on to Congressional repeal!” would be fine, except that we now live in the era of everything-must-pass-the-Senate-with-60-votes.

However, because it is officially a tax, you only need 51 votes in the Senate.

In 2010, the Senate passed the bill 56 to 43. The opposition included all the Republicans and three Democrats.

92 posted on 06/28/2012 11:08:14 AM PDT by cynwoody
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To: arthurus

Well it did recently in Wisconsin.


93 posted on 06/28/2012 11:10:02 AM PDT by vette6387
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To: Crimson Elephant

Not sure if you are serious or joking. If serious, then perhaps there really is some room to challenge this tax in the U.S. House.


94 posted on 06/28/2012 11:13:17 AM PDT by Resettozero
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To: cynwoody

However, because it is officially a tax, you only need 51 votes in the Senate.

In 2010, the Senate passed the bill 56 to 43. The opposition included all the Republicans and three Democrats.”

Thanks.

There is a shred more of hope, I suppose.


95 posted on 06/28/2012 11:18:40 AM PDT by ConservativeDude
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To: rockrr

[ roberts is simply this century’s Roger B. Taney, offering the most idiotic of notions folded into carefully crafted rhetoric.

What comes next is on his shoulders. ]

Unless he is this century’s Johnathan Swift and he is making a “Modest Proposal” to prove a point...


96 posted on 06/28/2012 11:18:52 AM PDT by GraceG
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To: alstewartfan

[ Roberts is NOT some genius smarter than the average American, but a coward who refused to uphold the Constitution. He is a disgraceful man. Bob ]

I totally agree with you.

Why would he feel intimidated by Obama? It doesn’t make sense.


97 posted on 06/28/2012 11:20:23 AM PDT by KansasGirl
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To: Obadiah

...mandate that every citizen must possess on their person - at all times - an identification, ...

Ironic, our guberment wants to control everthing except the voter rolls.....Hmmmmm!


98 posted on 06/28/2012 11:22:56 AM PDT by Cyclone59 (Obama is like Ron Burgundy - he will read ANYTHING that is on the teleprompter)
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To: ConservativeDude
However, because it is officially a tax...

Just because Roberts called it a "tax" in his remarks, doesn't make it one. It is NOT a tax. It's a fine, pure and simple.

What Roberts essentially said, is that the government can fine you for disobeying any edict it issues, regardless of whether it infringes on your presumed constitutional rights or not.

This is judicial activism at its worst. Roberts didn't just rewrite a law, he rewrote the Constitution itself.

99 posted on 06/28/2012 11:29:12 AM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: Sudetenland

Two people just called Roberts a Genius.....another said the SCOTUS handed 0 a cigar....One that will explode.


100 posted on 06/28/2012 11:32:02 AM PDT by hoosiermama ( Obama: " born in Kenya.".. he's lying now or then?)
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