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Appeals court upholds Obamacare tax as constitutional
The Washington Times ^ | July 29, 2014 | Stephen Dinan

Posted on 07/29/2014 9:32:29 AM PDT by jazusamo

A key appeals court on Tuesday ruled that despite including a tax, Obamacare doesn’t violate the Constitution’s requirement that all tax bills originate in the House of Representatives, giving the Obama administration another health care win. The three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia said that the Obamacare tax was “incidental” to the primary purpose of the Affordable Care Act, so it isn’t a revenue-raising measure as envisioned by the Constitution. “Some exercises of the taxing power are not subject to the Origination Clause,” the unanimous panel concluded. The issue had been in doubt after Chief Justice John G. Roberts Jr.’s surprise decision two years ago saying that while Obamacare wasn’t allowed under Congress’s powers to control interstate commerce, it was valid as an exercise of Congress’s taxing power. Since the key language of Obamacare came from the Senate, opponents then said it violated another part of the Constitution that requires tax bills — or, more specifically, revenue-raising measures — to begin in the House.

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government
KEYWORDS: 0carenightmare; dcappealscourt; illegaltaxation; obamacare; obamacaretax; tax; zerocare
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1 posted on 07/29/2014 9:32:29 AM PDT by jazusamo
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To: jazusamo

More treason by activist judges.


2 posted on 07/29/2014 9:34:02 AM PDT by Olog-hai
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To: jazusamo

Shocking that they all Roberts this call./s/


3 posted on 07/29/2014 9:34:07 AM PDT by Jim from C-Town (The government is rarely benevolent, often malevolent and never benign!)
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To: jazusamo

The “Law” is whatever the Beast says it is - so sayeth the Praetorian media, the Praetorian Judiciary and the Praetorian Legislature.

Rule of Law as we knew it is dead.

The federal Beast no longer has any lawful authority over us. All it has is the end of a gun to force itself on us.


4 posted on 07/29/2014 9:35:54 AM PDT by INVAR ("Fart for liberty, fart for freedom and fart proudly!" - Benjamin Franklin)
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To: jazusamo

There are two nations within our borders. There is The United States Of America and there is Democratland. The citizens of Democratland make their living by taking money from the citizens of The United States Of America. Some of the citizens of Democratland wear black robes.


5 posted on 07/29/2014 9:36:11 AM PDT by blueunicorn6 ("A crack shot and a good dancer")
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To: jazusamo
Appeals court upholds Obamacare tax as constitutional

Shocking. What would actually be shocking is if the people start winning these decisions and the government gets back in its effing mandated box. Or if people being to realize the absurdity of allowing a branch of the feral government to decide when they're acting Constitutionally. Surprisingly, they always are. Go figure.

6 posted on 07/29/2014 9:36:37 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: jazusamo

Shredding the Constitution with each decision........this is not the government I fought for.... not much left of what once was.


7 posted on 07/29/2014 9:37:36 AM PDT by Goreknowshowtocheat
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To: jazusamo

Doesn’t this mean that it will now advance to the supreme court?

I think that is good news if so.


8 posted on 07/29/2014 9:38:54 AM PDT by servantboy777
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To: Olog-hai

When EVERYONE is in on the joke, that being the Constitution is dead and the law is what we say it is, then what recourse is there !?

An Article V Convention as Mark Levin wants ? Ha ! They, judges, politicians in Washington, will merely ignore of find it illegal in THEIR courts.

Most people won`t accept the fact that it`s over man. USA is a thugocracy statist totalitarian state.


9 posted on 07/29/2014 9:40:15 AM PDT by Para-Ord.45 (Americans, happy in tutelage by the reflection that they have chosen their own dictators.)
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To: INVAR
Rule of Law as we knew it is dead.

Yep, it's been slipping for years but it's really taken a hit the last 5 1/2.

10 posted on 07/29/2014 9:40:58 AM PDT by jazusamo (Sometimes I think that this is an era when sanity has become controversial: Thomas Sowell)
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To: jazusamo
I still think that the only way to beat Obamacare is by ending all government involvement in the healthcare industry - terminate Obamacare, Medicare, Medicaid - all of it.

And, I think that the only way to end the government's involvement in the healthcare industry is to give that industry a real shock by completely boycotting the entire healthcare industry. The economic shock caused by millions boycotting the system would force folks to pay attention.

If you don't like that idea, then learn to live with a healthcare industry that is dominated by government. Complaining is pointless. Action is required.

11 posted on 07/29/2014 9:41:53 AM PDT by Tau Food (Never give a sword to a man who can't dance.)
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To: servantboy777

Not good news. Since they cited Roberts, & since Roberts ruled it was a tax & therefore Constitutional, going back to the SC is not likely to help.


12 posted on 07/29/2014 9:42:12 AM PDT by Fantasywriter (Any attempt to do forensic work using Internet artifacts is fraught with pitfalls. JoeProbono)
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To: servantboy777

What I don’t get, is how they thought something that was already answered by the Supreme Court was going to be judged improper.

Roberts is where this tax originated. He is the person who termed it a tax. How is that going to be overturned at the Supreme Court?

Is there a Supreme Supreme Court that I haven’t heard of?


13 posted on 07/29/2014 9:42:14 AM PDT by DoughtyOne (Think how stupid the average person is, and then realize half of them are stupider than that.)
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To: jazusamo

Is it a tax? Yes. The Supreme Court said it was.

Did it start in the House? No.

It is unConstitutional on these grounds alone. Period. End of sentence.


14 posted on 07/29/2014 9:42:21 AM PDT by Tzimisce
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To: Para-Ord.45

Yes; there’s too much confusion nowadays to even consider a return to the rule of law. Isaiah 3:1-4 is past fulfillment.


15 posted on 07/29/2014 9:42:58 AM PDT by Olog-hai
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To: servantboy777
Doesn’t this mean that it will now advance to the supreme court? I think that is good news if so.

It will go to the Supreme Court only if the Supreme Court agrees to hear it. That may not happen, because there is no split in the lower courts on this issue.

16 posted on 07/29/2014 9:43:09 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: jazusamo

More like the Court found that the Constitution has no standing.


17 posted on 07/29/2014 9:43:55 AM PDT by Paladin2
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To: servantboy777

It could be appealed to the whole DC Appeals Court but it’s stacked with Rats now, best to go with SCOTUS in my view.


18 posted on 07/29/2014 9:44:09 AM PDT by jazusamo (Sometimes I think that this is an era when sanity has become controversial: Thomas Sowell)
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To: Olog-hai

Aren’t these judges all hand picked by Obummer? So no real surprise as to how they ruled on this.


19 posted on 07/29/2014 9:45:29 AM PDT by Lake Living
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If You Want To Keep FR
Support It


20 posted on 07/29/2014 9:45:39 AM PDT by DJ MacWoW (The Fed Gov is not one ring to rule them all)
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