[[Given the remote possibility that you were not aware of this, the Supreme Court had clarified in the first half 19th century that Congress is prohibited from appropriating taxes in the name of state power issues, essentially any issue which Congress cannot justify under its constitutional Article I, Section 8-limited powers. Here is the excerpt.
â€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.]]
So the health care obamination was billed as a tax, in order to get it deemed legal by the SC, correct? or was it not deemed a tax, then later declared to be a tax?
Look at it this way. We have corrupt, state sovereignty-ignoring justices imo. I do know what they were indoctrinated with by socialist professors in law school, but it they certainly were not taught about the federal governments constitutionally limited powers as the Founding States had intended for those powers to be understood.
What citizens are being misled about by all three corrupt branches of the federal government concerning Obamacare cases is this. Such Supreme Court cases are not new, previous generations of state sovereignty-respecting justices upholding the Constitution by deciding such cases in the favor of the states. This evidenced by the excerpts from case opinions below where the excerpt in previous post came from, the list not necessarily complete.
Since the Supreme Court relatively recently wrongly decided the Obamacare healthcare insurance mandate in the feds fevor, note in particular the fourth entry in the list. That entry from Paul v. Virginia shows that the Court had clarified that insurance policies are not commerce, Congress therefore having no Commerce Clause power (1.8.3) to regulate insurance, regardless if the parties involved are domiciled in different states.
”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.
” 4. The issuing of a policy of insurance is not a transaction of commerce [emphasis added] within the meaning of the latter of the two clauses, even though the parties be domiciled in different States, but is a simple contract of indemnity against loss.” - Paul v. Virginia, 1869. (The corrupt feds have no Commerce Clause (1.8.3) power to regulate insurance.)
”Direct control of medical practice in the states is obviously [emphases added] beyond the power of Congress.” - Linder v. United States, 1925.
In fact, former Speaker Pelosi wrongly ignored a resolution to propose a healthcare amendment to the states before she rammed the unreadable Obamacare bill through the House.
"Proposing an amendment to the Constitution of the United States regarding the right of citizens of the United States to health care of equal high quality.” H. J. Res. 30.
Had Congress successfully petitioned the states for a healthcare amendment to the Constitution before establishing Obamacare then we would not be having this discussion. Instead, the feds wrongly established Obamacare without the required approval of the Constitutions Article V state majority, just as they have done with many federal social spending programs, particularly since the time of Constitution-ignoring socialist FDR.
In the meanwhile, there has never been anything stopping the individual states from establishing their own, 10th Amendment-protected healthcare programs except for one thing. Many states probably cannot afford their own healthcare programs because corrupt Congress is stealing state revenues that could be used to pay for such programs by means of unconstitutional taxes needed to pay for rip-off Obamacare.
What a mess! :^(
I contend the seventeenth Amendment is unconstitutional and should be vacated forthwith, on the basis of the term limit of newly minted Representatives rather than Senators. When the 17th was ratified the term limit did not change with the change in duties of senators representing the States to extra super Representatives of the people. The Constitution states in Article 1 Section 2 that Representatives of the people are elected by the people for a period of two years, not six. Senators chosen by State Legislatures are elected for a term of six years per Article 1 Section 3. Since no longer elected by State Legislatures, that term and amendment should be null and void.