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 ...
so essentially, 'states' have Rights that citizens no longer enjoy...
man ole roberts is an intellectually sound Constitutional conservative with his crafty and schizo interpretations of 'law'...
Alternate Headline:
SCOTUS Upholds George III’s Stamp Act.
Congress tried to make SCOTUS shine this turd, and Roberts told Congress and the American people to put their big boy pants on and clean up this mess that THEY MADE.
The limits on taxation are the votes of our representation!!!
That's the deal. Tax law can be changed every two years. Commerce Clause expansions can last centuries.
If we let a future Pelosi do this again, then we deserve it. If we're not going to participate in the political process, then SCOTUS has said they're not going to become a subcommittee of Congress.
Roberts put a wall up at Wickard. The Commerce Clause expansion of the last century has stopped.
The above could've just as easily come from Scalia, but if Kagan or Sotamayor had written the opinon it would've read like a Marxist manifesto. Remember, lower courts MUST use the reasonings in here immediately. This may have an effect on interstate CO2 regs, who knows?
For those who say this is a novel "tax." What is an earned income credit? It's a NEGATIVE TAX on income you didn't create.
Repeal it. It didn't originate in the House.
Kudo's to Roberts for telling the American voter to get their act together.
JUST SAY NO TO OBLOW |
And so can the precedent of using the government's taxing powers to compel citizens to do anything the government wants. The individual mandate was upheld, which is the real bottom line. Trying to put a smilely face on this usurptation of our individual liberties is sophistry.
That is a nice sentiment, but Roberts is dead wrong. It is his job to determine the constitutionality of a law in accordance with the letter and spirit of the Constitution. What he did here was a violation of his oath. I would bet he didn't read this legislation before ruling on it. Nobody did. Both the law he ruled unconstitutional and his reasoning for upholding it were incomprehensible. Roberts has concluded that the Federal Government can compel anyone to do anything and if they don't do it, they can be taxed.
Eat your broccoli or be taxed.
Brush your teeth or be taxed.
Lose weight or be taxed.
Ride the bus or be taxed.
Don't have more than 2 children or be taxed.
What Roberts ruled in this case is 100 times worse than anything anyone could have dreamed. He has expanded the taxing power of the Federal Government beyond all limits. There is nothing that Congress cannot tax. The power to tax is the power to destroy.
Roberts should be impeached. However I believe he has secret plans to announce his immediate retirement.
Kudo's to Roberts for telling the American voter to get their act together.
You need to change your freeper name.
BS. It is the job of the SCOTUS to protect us from politicians who pass unconstitutional laws. This statement is a cop out. Roberts was wrong in his decision, he is wrong with this BS statement, he perpetrated a crime on the American people. His ruling is a contradiction. You can't say the commerce clause doesn't allow this and then turn around and allow it by defining it as a tax, which it isn't and never was intended to be a tax. According to Roberts we can be taxed for anything and be forced to buy, or do, anything the government wants or suffer a tax.
Get your head out of your a**, it smells much better out here in the fresh air.
The is the affirmative action era.
Adherence to the constitution has been suspended to give a Marxist man with a tan a legacy to avoid riots on his behalf.
Lawlessness begets lawlessness. This is the latest salvo. More to come on both sides until the US fragments as the dollar implodes and states are forced to provide their own currency.
I agree with you and with every other comment that disagrees with the premise of the article.
I posted the article to see whether it had any merit.
Now from reading all the comments, I see it doesn’t.
Thanks to all for commenting.
PHOK THE US GOVERNMENT AND ITS COMMUNIST TYRANT.
Repeating your comment that I agree with (plus as I said all the others I’ve read:
The conventional wisdom on this is that Roberts sided with the liberals primarily because he was afraid of the criticism that would come down on the court if he didnt. If true, that makes him one of the most spineless pussbags ever to wear a robe.
Actually by saying it ia a Tax it makes it easier to overturn since it will only take 51 votes in the Senate to overturn. Only 51 votes required to carry a bill on taxes. So the next election with controlling the presidency, the house and the Senate, its gone.
All the above, but with the caveate:
“you stupid ba$+4rd$ elected this scumbag and the congress that passed this pile of $h1+, so you’re gonna have to deal with the consequences of it yourself... Don’t expect me to clean it up for you.”
The United States of America is soooooooooooooooooooooo screwed.
I don't buy that. So, according to Roberts, Congress cannot legislate me to buy a product, as that would be unconstitutional. But Congress can *coerce* me, through punitive taxation, into doing what it cannot legislate me to do.
Am I to believe the Authors of the Constitution -- who were by no means fans of either government coercion or taxation! -- framed the Constitution in such a way that there is no practical limit to Congress' power to tax. Or rather, is it far more likely that this perceived "limitless" power of Congress to tax is pure bullsh!t, based on a gross distortion of original intent?
He could just as easily done that while throwing out the law. That he treated it as severable at all, much less offered his redefinition of interpretation, is totally out of line.
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