Posted on 06/28/2012 1:52:14 PM PDT by semantic
There's a good reason why O was opposed to classifying the mandate as a tax. Once it's a tax, it's subject to all sorts of equal protection clauses. IOW, DHS cannot willy-nilly issue waivers for non-compliance to favored political groups, etc.
It's not to say that waivers & exceptions cannot be issued. They can, but they must come from specific actions undertaken by Congress. Consider how non-profits are treated under present income tax laws. Their preferred tax treatment is not determined by the executive/IRS, but rather specific laws passed by Congress.
How about differences in form/type of income/wages? Are Senators & House members exempt from income taxes just because they are government employees? Historically, they could exempt themselves under commerce-clause rulings, but what about income taxes? Nope. Or, consider what would happen they tried to enact that kind of legislation.
However, the master stroke of branding the mandate a tax was the imposition of a horribly non-progressive tax. That means cash economy illegals, welfare queens, and SNAP/EBT card waiving members of the FSA have to pay just like the millionaire down the road.
The only reason socialism ever works (in the short-term) is because most everyone likes a free-ride - especially if you use the law to make the other sucker pay. But what happens when everyone has got to pay, including the 50% who have been enjoying this awesome free ride?
All tax bill are to come out of the house, this came out of the Senate.
My guess is that they will get the equivalent of the Earned Income Tax Credit. As the Edgar Winter Band sang, “Come on and take a free ride. Yeah, yeah, yeah.”
Could Roberts have been hinting “OK, bring it back to us and this time complain about the waivers in its code. Now we’ll kill it, like it took two trips for campaign finance reform to be killed.”
Exactly, and when the government tries to do these sort of things we can raise a lawsuit, take it all the way to the Supreme Court where Johnny Roberts will tell us, “sure, I meant it was a tax but a new special kind of tax that is not treated like other taxes but, rather, is maleable such that whenever this issue comes before me I can craft whatever decision is necessary to get me invited to all the cocktail parties and preserve the legitimacy of the Court.”
While I agree that making it a tax takes control from Executive and gives it to Congress. I do not think Chief Anus Roberts cared about that, he is concerned about his legacy only. He is evil, anti-democracy and now a activist judge.
While I agree that making it a tax takes control from Executive and gives it to Congress. I do not think Chief Anus Roberts cared about that, he is concerned about his legacy only. He is evil, anti-democracy and now a activist judge.
Substantially yes. Technically no; the Senate took a bill from the House, emptied it out to create a shell, then filled it back up with Obamacare.
If I were judge I’d hit the tilt button about that.
Roberts: Evil yes - Genius Not! No matter how people try to dress it up saying he was blackmailed, coerced or threatened, he was still wrong. He is a destroyer plain and simple.
The Soetoro Regime is supposed to enforce laws, like immigration, which is just selectively decided not to do for certain individuals. Why wouldn’t Soetoro likewise instruct Geithner not to enforce certain tax laws against his favored groups?
There was a reason Obama was so insistent on it not being a tax...
Under what authority can a tax be imposed on one group and not another?
NONE of this makes me feel any better!
This bill was put in the shell of a bill passed by the House but not acted on yet by the Senate. Is that legit, I guess someone could ask the courts to decide?
Because the King has spoken!
People with no income are excluded in the law from having to pay the penalty tax, too. So it's not going to effect the welfare classes much at all. It hits higher, the working middle class, or course.
People with no income are excluded in the law from having to pay the penalty tax, too. So it's not going to effect the welfare classes much at all. It hits higher, the working middle class, of course.
Consider if SCOTUS ruled ObamaCare unconstitutional. Would ZerO stop at trying to shove the bill down our collective throats? Nay-—either way Obama and ObamaCare must go in November. Joined at the hip— Sink the captain and the ship goes down too.
Here’s the deal....there was no real way for the 2700 page law to create “dirt-cheap” health insurance. So for the poverty-class and working-class....in 2014, you get this nifty letter that says you owe $1k in a “TAX” if you don’t show proof of purchase. Well...nothing is going to really create this mythical “dirt-cheap” health insurance....so they will be in the same position as they are today.
By this point in 2014, assuming President Obama is still in charge....there is this massive mess that has to be fixed. The largest tax-increase in the history of America upon the poverty-class and working-class....and no way to exit this because it’s a tax (the President can’t waiver that).
What Roberts gave the President is a four-star episode where he has to go begging in 2014 to the House and Senate Republicans (who likely have just a edge on numbers in both) and literally agree to just about anything they ask for....to get him off the hook for the $1k problem with the poor of America. So they will get tax reform, special concessions on fracking, opening of various off-shore drilling sites, and the President will just grin as he signs off this mess....to get the tax burden off their back.
If you ask me....the President was absolutely depending on five conservative judges to deliver, and he just didn’t think any of them would lay five aces down on the table....giving him a vast mess to clean up in two years. I think Roberts actually swung away and give the Republicans a dozen deals in 2014 that would make most folks fairly happy about...especially Republicans.
Roberts was thinking of only two things his legacy and his legacy. He has no obligation to the American people and he demonstrated his priority. The cackling hen Ginsburg gave it away a week ago. While I find your assessment to well ought out and we will not know the unintended consequences for years to come, Roberts was only thinking of himself and maybe the image of the court. Seems to me he once swore to do more than that.
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