Posted on 06/28/2012 11:01:42 AM PDT by CharlesMartelsGhost
It looks to me that there are some sweet lemons for conservatives in the ObamaCare decision. Before we burn the chief justice in effigy, let's read the decision and think about the implications.
Upholding ObamaCare is going to energize opposition to Obama, and the determination to elect a Congress that can repeal and replace it. Just a day ago, the MSM was telling us it would be a plus for Obama if the act were held unconstitutional because it would take the issue off the table and weaken his opposition.
For one thing, the Court went nowhere near claiming the Commerce Clause means the feds can force us to do anything. The CJ and the majority (remember, by joining the majority he got to write the opinion) relied on the taxation power, by defining the mandate penalty as a tax. In other words, they seem to have in effect said, Yeah, the Democrats lied when they claimed they weren't raising taxes. Big deal! What do you expect?
Lyle at SCOTUS Blog agrees with me:
The rejection of the Commerce Clause and Nec. and Proper Clause should be understood as a major blow to Congress's authority to pass social welfare laws. Using the tax code -- especially in the current political environment -- to promote social welfare is going to be a very chancy proposition.
So in other words, the CJ protected us from the expanding the reach of the Commerce Clause, and let us know that we were lied to by the Democrats. And has handed us a big election issue.
Sometimes we win by losing.
(Excerpt) Read more at americanthinker.com ...
It's 2010 all over again now. Swing states will shift over to Romney in most cases. Trust me on this. We've done the polling. The data is conclusive on this. It's a huge tax. We got Obama lying. Again.
The Tea Party movement, which was as real and powerful a political movement as I've ever seen in my lifetime, is back in play. That scares the hell out of the Obama White House. You just got a bunch of Dems sweating hard over their re-election. The Republican Party will now be a lot more focused and clearly conservative and that's exactly what they need to be this time around.
ObamaCare's real name is THE OBAMA TAX.
You mean the OBAMA/ROBERTS TAX.
Before we burn the chief justice in effigy let us remember who put him in. OK, now let’s burn him.
by defining the mandate penalty as a tax.
They were not asked to define the mandate as a tax. They were told in argument is was NOT a tax. So they took it upon themselves to make it a tax.
Yeah I am still working on that effigy. Thats twice this week Roberts screwed all of us over.
They only said that as commerce it fell short,...they did not limit the commerce clause...it can still be used as it has been to beat us all over the head with ALL MANNER OF REGULATION AND LAWS.
They did NOT do us any favors.
Certainly we are energized and we will turn out to vote the sorry basturds out but it will be in spite of them.
This is not my country anymore....if we lose...
LLS
For ivory-tower types like Roberts, it’s all an intellectual exercise.
For politicians and govt apparatchiks, and those with power, the distinctions he may have made are absolutely meaningless. It’s full speed ahead. We are under their boot.
Interesting. So if there’s no tax revenue for Obamacare, it goes away?
Being optimistic, Obamacare could be destroyed by referendum in November assuming the GOP is voted to office and fulfills its promise.
“For one thing, the Court went nowhere near claiming the Commerce Clause means the feds can force us to do anything”
No, instead it claims the taxing power means the feds can force us to do anything. So instead of sucking on a lemon I get to eat sour grapes. Yummy!
Dredd Scott was re-affirmed today-now we’re all property of the federal government.
Well said. Unfortunatley most morons in this country don’t know anything about Dredd Scott.
Are you living on Europa (need I explain)? The decision said that anything the Fedgov decides to impose if under the guise as a "tax" is okay.
You really don't get it do you? While the "commerce clause" was shot down and that's good for the States, anything and everything regarding individual consumption or lack of can now be taxed for the "good of society". I can't believe so many are not seeing the ramifications of this decision.
So here's a thought or two:
You buy liquor and Congress passes a law that YOU, not the liquor companies, should pay a tax because you MAY get liver disease someday and have to use the medical system.
You eat too many burgers and get obese and Congress determines that is not good for our healthcare system and requires you to pay extra tax to eat at McDonalds. That's okay with you?
Congress decides that all citizens should buy more carrots and if you don't show receipts for carrot purchases, you get taxed for that?
Congress includes in some bill that gives more power to FDA, which decides that various supplements are bad, but you can buy them, but be taxed for doing so because the FDA has pronounced them to be bad for some stupid study?
Where does it end? Knowing the need that politicians have to produce bills, really, where does it end?
You are not only naive, but not thinking how the Fedgov works with its continuing encroachment into your life. Grow up and smell the tofu that may replace your right to buy so much meat some day for the societal good. It's always incremental.
This was THE worst decision I have seen in my political life. Well, maybe the "eminent domain" decisions was as bad. You know longer own your property if the State, County, or City decides your property is worth more to a private enterprise that brings in more tax dollars.
Guess what? Life, liberty, and the pursuit of happiness is dead now. Illegals kill us every day (want stats?); property is no longer yours according to USSC decision about eminent domain for the benefit of private companies; and anything the Congress deems as social benefit for others destroys your pursuit of individual happiness.
But it's all good and you can still vacation and move around. Just wait...that too will change once government gets enough power. Think TSA and how they feel up our women and children.
The First Republic is dying or already dead from the unbearable and incomprehensible weight of oppressive laws and government. Time for a full reset and reboot before EFAD kill us off completely. Maybe the Second Republic will fare better.
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