“If Roberts really has hamstrung the governments power under the Commerce Clause, why did he have to uphold Obamacare under taxation?
Why could he not have sided with the Kennedy and the conservatives, struck down Obamacare, and STILL issued his opinion on the Commerce Clause?”
You have phrased my questions well...
I am wondering (please pardon my lack of knowledge - I am on FB in an attempt to learn and understand): if, because Justice Roberts has “interpreted” Obamacare as a TAX, does it not need to go back to the House of Representatives? WE, THE PEOPLE, have NOT had our opinion voiced regarding a TAX!
No, it does not have to go back to Congress for this “tax” to be implemented. It is standing law because Roberts deemed it to be standing law.
The positive about it being a tax is that the entire law can be repealed more easily by Congress. I don’t want to pretend this is a silver lining. Benedict Roberts has done severe damage to the US Constitution and our nation with this ruling.
Even if it turns out that he lessened abuse of the Commerce Clause, he gave the liberals a complete end-run around the Commerce clause. Now they can regulated anything in our lives, even what we DON’T buy and do, as long as they associate it with a penalty “tax”.
You are a witness to history. You are seeing a nation destroyed before your very eyes.