Posted on 06/28/2012 9:09:26 PM PDT by little jeremiah
....But while Roberts may have saved Obama's signature domestic legislation — and perhaps his reelection campaign — by siding with the court's liberal wing, he actually did it in spite of Obama, not because of him.
Roberts' opened his opinion today by declaring, unequivocally, that the individual mandate — which requires people to buy insurance or pay a penalty — is not constitutional under the Commerce Clause or the Necessary and Proper Clause. It's a direct shot at the Obama administration's defense of the law's constitutionality, which largely relied on those two clauses, which give Congress the power to regulate commerce and to enact provisions that are necessary to carry out its laws, respectively.
snip
(Excerpt) Read more at businessinsider.com ...
Ouch. Didya really have to open that wound now? Ouch.
The most infuriating thing in this whole decision is that the 5 idiots who upheld this monstrosity did so on utterly fallacious reasoning!
If the gubmint says, “You will buy healthcare or you will be taxed!” The tax is a consequence that follows from refusing to buy the healthcare! The question the court addressed is “can congress impose a tax?” when the real question is “can congress compell people to buy healthcare?”
So if the answer to the question as to whether congress can compell citizens to buy healthcare is “no” according to Robert’s own reading of the commerce clause, then on what basis does the tax from an unconstitutional mandate follow???
If the cause is unconstitutional, how is the consequence then constitutional?
This is an absolutely ridiculous ruling and no one should obey this law. No one!
Let’s see them try to put more than half of the people in this country in prison!
It's easy to say the EU should dissolve because they are having problems, but it's more difficult when our founders set up a 'more perfect union'.
Time enough. We've seen the outcome. It doesn't suit my needs and has become destructive of those ends.
We don't need a federal government.
/johnny
It’s called the Anti-SaleS Tax or ASSTAX.
If you don’t buy something, you pay the tax.
Barry bastard care is designed to bring about single payer by destroying the insurance industry. In the short run lots of specially placed people will make a fortune, but in the long run (read three or four years at most) the industry will crash as people realize they need not buy insurance until they get sick and the ‘law’ will not allow increased premiums to cover the pre-existing conditions. Then the democrap party will sweep in to harvest yet another dependency class and take that much more freedom from the sheeple.
Romney? We'll have about as much pull with him, as the Constitution does with John Roberts. Don't get your hopes up with that one. He's got a governing record that any liberal Democrat would be proud of, and a penchant for taking both sides of any argument. Passionately.
The presidency is already lost for conservatives and patriots this go round. We have to concentrate on kicking every last Dem from Congress, to ensure at least a modicum of push back to whichever Socialist wins the presidential election.
It's my hope that some future court challenge causes the high court to reverse itself on Roberts' insane ruling.
“Rationale of this article has a little merit but is of little comfort. Yes, the ruling did in fact make it clear that the Commerce Clause cannot be used to justify anything and everything that the government does - there is in fact a limit on it - that was a very good thing we have been waiting for...but that doesn’t do much good if you turn around and declare that Congress’ taxing powers can now be used as a replacement excuse to do anything and everything it wants.”
It seems some men seem inclined to celebrate over the uses of a mere word, while the principle that defines our freedom is abandoned and sunk by this despotic “court”!
Roberts defenders should think carefully about what he has done in betraying the Constitution and indeed the very cause of freedom with his act. What little he has offered to appease is utterly meaningless compared to what he has taken.
This man and his illegitimate “court” should be condemned and we should instead stand ready to defend our rights with force from federal usurpation in our States!
I believe it will be just the opposite. His “signature legislation” is one that the majority of Americans do not want. I don’t see this helping the Kenyan at all.
The Supreme Godfather Court:
Either your Money or your Freedom will be on that Health Care Insurance Policy.
Yes, that is one of the "silver linings" described in this blog piece:
Just 51 votes in the Senate can put Obamacare on hold for ten years.
I wonder if Roberts considered that.
We let perfection be the enemy of the good so we have lost and shall continue to lose the culture wars.
Libs take the long view and are happy to move the ball just one yard each year.
We reject such small measures as having yielded the other 99 yards to the enemy.
A great man once said:
“Compromise” was a dirty word to them and they wouldn’t face the fact that we couldn’t get all of what we wanted today. They wanted all or nothing and they wanted it all at once. If you don’t get it all, some said, don’t take anything.”
“if we remain steadfast and vocal, we can influence his Presidency should he win.”
I’ve given up any hope that “we the people” have any say in our own governance anymore.
The federal government is corrupt, anachronistic and needs to be dismantled by the states. It no longer serves the people. It causes the people to serve it.
We lost the republic the founders died to give us today.
Now that was funny :)
Absolutely correct. Roberts essentially said, "The People can't be made slaves under the Commerce Clause, but they always have been subject to being made Slaves under the power of federal taxation" and pretty much left it at that. What good does gutting the Commerce Clause do if the same Tyrannical Power appears under a different shell called "taxation.?"
It's a total shell game, a punt, and our backs are truly against the wall at this point. All that is left is to RESIST while we attempt to repeal.
I simply can't believe that Roberts is saying "sorry, the Constitution is inadequate to stop Tyranny along the lines of what 0bama is imposing", because if he is saying that, it is indeed time for either a Constitutional Amendment to address this loophole, or Revolution, if you know what I mean and I think you do.
I suppose everybody should give a chance for November to come and go, to see if this Tyranny is repudiated electorally, because if it isn't, then it's definitely rock and roll time. Eventually, there will be another Lexington/Concord. And even if it IS repudiated, the power will still ostensibly be there, awaiting some future Tyrannical President and/or Congress.
I just don't understand how any Patriotic American could construe the Constitution to allow this sort of power. It renders Commerce Clause concerns trivial!
Our backs are against the wall.
Funny, but true...
From your link:
“Congress cannot compel you to purchase insurance; it can only compel you to pay a non-extreme, non-coercive tax if you wish not to purchase insurance.”
But here’s the problem: if congress cannot compel you to purchase insurance, how can they compel you to pay a tax for refusing to purchase insurance???
Isn’t the latter a form of compulsion???????
This ruling is utterly ridiculous!
I think Grace Wyler needs to have her head examined. Barry is saying demolish me some more.
I think Grace Wyler needs to have her head examined. Barry is saying demolish me some more.
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