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 ...
It’s optional to these leftist activist judges but the Constitution isn’t optional, no matter how they want to put it.
All three judges agree there is a tax here. All three judges agree that tax bills must originate from the House of Representatives. All three judges agree that this tax didn’t originate from the House. All three judges disregard the facts that they acknowledge and rule against the facts.
Now, these judges aren’t completely stupid. They know that what they ruled is illogical and wrong. They took the easy way out. They’re liberals. That’s what they do. If they followed their brains and consciences and ruled against this, they get in trouble with their liberal buddies. If they do the wrong thing and rule for this, their liberal buddies are happy and the three judges know that this will go to The Supreme Court and hopefully, they’ll do the right thing and strike this down and let these three liberal judges off the hook.
We sit here at Free Republic and wonder why there are so many problems. It’s because we, as a nation, have lost our virtues. These judges behaved in a cowardly manner. “Courage is the foundation of all the other virtues.” Well, here we have three Federal Judges who chickened-out. They are supposed to defend the people. Cowardice defends no one.
The Unintended Consequences of this decision are HUGE. What do we need a House Of Representatives for? Can the Senate just increase taxes by adding a small tax to every Bill? They just opened Pandora’s Box.
Why do you say that?
A legal system taken over by the pinkos will of course side with their red leader.
When, if ever, are the people going to realize there is never going to be any (Constitutional) justice to be had in the federal courts?
The Republican traitors have blithely allowed every Dem socialist to pack the courts with anti constitutional (i.e. anti American) jurists while at the same time acting like whipped dogs whenever these “courts” violate the Constitution.
Redress of our grievances? Fat chance in hell. They are called kangaroo courts for a reason.
Hope they said a good word for gay marriage while they were at it!
What an illustration of pretzel reasoning! Of course it's a revenue-raising measure. It's the IRS who will collect the money.
"IRS" - Internal REVENUE Service.
How long will this go on before there's a revolution?
As mentioned in related threads, regardless what activist justices and judges want everybody to believe about the constitutionality of Obamacare Democratcare, the Supreme Court had historically repeatedly clarified the following about any so-called federal public healthcare program.
While it is clear just from reading Congress's constitutional Article I, Section 8-limited powers, the Supreme Court had clarified that the Constitution's silence about any so-called federal public healthcare program means that the states have never granted the feds, expressly via the Constitution, the specific power to regulate, tax and spend for public healthcare purposes. This is evidenced by the following excerpts from Supreme Court case opinions.
”State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress. [emphases added]” —Gibbons v. Ogden, 1824.
“Congress is not empowered to tax for those purposes which are within the exclusive province of the States.” —Justice John Marshall, Gibbons v. Ogden, 1824.
“Inspection laws, quarantine laws, health laws of every description [emphasis added], as well as laws for regulating the internal commerce of a state and those which respect turnpike roads, ferries, &c., are component parts of this mass.” —Justice Barbour, New York v. Miln, 1837.
“Direct control of medical practice in the states is obviously [emphasis added] beyond the power of Congress.” –Linder v. United States, 1925.
And regardless that Democrats and RINOs will argue that since the Constitution doesn't say that Congress cannot establish a national healthcare program, it means that they can do it, please consider that the Supreme Court has also addressed that kind of foolish thinking. The Court has clarified that powers not delegated to the feds, expressly via the Constitution, are prohibited to the feds.
”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.
This is another example of why any impeachment efforts will be futile. It will never happen because it won’t be allowed to happen. Most Washington GOPs are unaware of the tyrannical juggernaut we face because it’s been painted all warm and fuzzy by the media and leftist supporters.
Yes of course! That's exactly what every liberal, EnvironMental commonist Demonicrat has always wanted… "GOVERNMENT BY WHIM!!!"
-PJ
Democratcare is too important to trust to the Constitution alone. Wiser heads prevailed and lucky for us they’re top men, top men.
“I wonder if the Founding Fathers ever realized that having the chief executive pick such judges really defeats separation of powers, since the judicial branch then becomes an extension of the executive branch?”
The separation of powers is with the Senate. The problem is the Senate has pretty much become a rubber stamp for any judicial nominees the POTUS throws it’s way. Or at least that’s the case when it comes to Democratic Presidents. The Senate does have the power to reject any nominee at any time.
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.
This is indeed where The Great One misses the truth of where we have arrived - but he is attempting to be optimistic within the framework of the recourse the Founders left us.
The truth of the matter is that tyrants and dictatorial fascists WILL NEVER abide by whatever 'laws' oppose their efforts to subjugate. They will ignore them, defy them, decree them null and void as we are witnessing right now.
So what we need to do, is the same as our Forbears. We need to recognize that as a Righteous Christian people, this government NO LONGER HAS ANY LEGITIMATE AUTHORITY OVER US. NONE.
Subjecting yourself to this evil government now ruling us, breaks the First Commandment.
At that point, a people armed with the righteous cause of refusing to bow to tyranny - have the duty to defy, resist and refuse to abide by ANY laws and decrees that contravene God's laws and the Constitutional framework we were established on.
That understanding has to come first before we can STOP what is being done to us. THEN we need to understand the following which is our foundational decree:
"But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.
I think the short answer to that is Medicare, which certainly qualifies as a "national healthcare program."
Can you name one judge or one member of the House or the Senate who is willing to claim that Medicare is unconstitutional? I can't think of even one - not one.
That's why I say that the only way the American people can get the federal government out of the healthcare system is to engage in a massive boycott of the entire healthcare system.
I guess, according to these sorry excuses for judges anyway.
Could be the end game.
What is an Article V passed and the Statist totalitarians either dismissed it, ignored it or had their courts nullify it ?
Then it`s game on and SHTF
What if *
Two judges appointed by Obama and one by Clinton. What did anyone expect?
It’s still a little too close to characteristics of the Soviet and European Union systems. Even if the Senate rejects one candidate, the President will still appoint another he approves of, until he can get enough Senators on his side. The judicial branch thereby does not become properly divorced from the executive branch.
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