I am Shocked
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 ...
The need was ultimately found in a reasonable interpretation of the Constituiton's Clause 18 of Section 8 of Article I as per the following explanation.
Note that Madison and Jefferson had fought the establishment of traitor Alexander Hamilton's earlier national bank, Hamilton wrongly ignoring that his fellow delegates at the Constitution had considered giving Congress the constitutional authority to establish a bank, but had decided against doing so.
“A proposition was made to them to authorize Congress to open canals, and an amendatory one to empower them to incorporate. But the whole was rejected, and one of the reasons for rejection urged in debate was, that then they would have a power to erect a bank, which would render the great cities, where there were prejudices and jealousies on the subject, adverse to the reception of the Constitution [emphasis added].” —Jefferson’s Opinion on the Constitutionality of a National Bank : 1791.
As far as I can tell, President Washington signed the legislation to establish Hamilton's national bank based on his army buddy Hamilton's constitutional Article I, Section 8, Clause 18 “need” to smell money.
And when Madison was president, he had initially vetoed another request by Congress to establish another national bank. But because of Madison's struggle in trying to pay for war with Britain, he later signed another request for a national bank because he had become convinced that it was a need that he could justify under Clause 18 mentioned above. And if paying for a major war doesn't justify a Clause 18 need, then what does?
Stop rationalizing this
Plain language is plain language
Huh? At what point will the U.S. no longer have a significant number of seniors?
There are legal alternatives to Obamacare, even within the law.
Alternatives to Obamacare
http://tamarawilhite.hubpages.com/hub/Alternatives-to-Obamacare
Now this is one stupid decision. Surprised that the DC Circuit Court of Appeals went so far Left on this one, despite their very liberal bent over the years.
The Constitution is very clear on who in Congress has the “taxing powers” and it isn’t the Senate.
And this took place about 5 blocks from my office. Oh shit, they’re closing in on us.
That’s funny right there.
The “law” itself is simply arbitrary as we have witnessed and has become precedent. Obama has violated his namesake “law” on a continuous basis and the ONLY alternative to unjust and tyrannical “laws” are to defy and ignore them, same as he does with the actual rule of law he has rendered irrelevant.
The only legal alternative to Obamacare is to defy and ignore it. Working within an unConstitutional “Law” simply gives authority to tyranny.
I choose not to give tyranny any legitimacy - and as long as this people continue to do so, they will be subjugated to said tyranny and worse.
“Yeah, it’s a tax, but it doesn’t count. Oh, you peons just don’t get it!”
I am Shocked
<Orin Hatch>
Don't you remember this was John's secret plan to undo ACA. I learned that right here on FR. </sarcasm>
In January 2049, the president-elect mullah, caliph of North America, will take the same oath of office as George Washington, yet rule by a Frankenstein Constitution, a political monster.
Where are the Constitutional lawyers and scholars when you need them?
If it’s incidental to the law, then clipping it out isn’t a big deal, especially since it violates the Constitution.
I guess we should have expected that this once great country with its groundbreaking Constitution would someday desolve into another banana republic...
"so its a republic then...."if" you can keep it"......
but that would require people voting for a republican....not a constitutional candidate....and certainly not staying home and not voting at all....
but election after election, we get the same old complainers that can't do the right and proper thing....
in these times, we need to pull together yet some are determined to stomp they're feet and pout...
Obama’s America, where Taxes are levied as Punishment, not Revenue.
We never got a Goldwater before.
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