This amicus is not worth the bandwidth you used to post it.
Social Security was originally represented as a government mandated COMPULSORY social insurance annuity premium.
When FDR’s lawyers observed that the Social Insurance (aka social security) movement was in mortal danger of not passing constitutional muster in committee, and as FDR was in full panic mode as many New Deal programs were being thrown under the bus, FDR had his lawyers change his version of the proposed social insurance legislation to social security TAX.
Why is FDR relevant to Obamacare? Because the dems have been openly stating they used the FDR playbook in drafting the legislation and they deliberately included Tax Provisions in Sections 9005, 9015 and others to tax existing healthcare plans and to tax incomes and expand state medicaid.
I fully expect SCOTUS to throw a bone to voters, and to conservatives in Congress and in Statehouses by striking down the individual mandate BUT THEY WILL UP HOLD THE TAX PROVISIONS AS CONSTITUTIONAL UNDER THE 16TH AMENDMENT.
And with survival of Obamacare and its tax provisions, it will be only a matter of time before they destroy the private healthcare industry leaving nearly everyone to seek care under one of their offered expanded State Medicaid programs.
So forget these amicus busybodies, they are only churning noise in court. It is the 16th Amendment that is the Trojan Horse allowing statism to creep into American society.
16th Amendment is a 1913 class warfare artifact. It’s been a 100 year slow walk to legalizing full blown socialism in the USA.
Is there an alternative that does not require the 16th? Yes.
Read, study:
http://www.fairtax.org/site/PageServer?pagename=about_faq
There is a greater chance of SCOTUS throwing out Obamacare based on contract law than there is of the 16th Amendment being repealed anytime soon. You can talk about the fairtax plan all day long (and I like the fairtax plan), but it is not going anywhere until things drastically start collapsing in this country. Fairtax is not going to be the thing that initiates the real change that is needed, though it or something like it might end up being an end product of that drastic change.
i haven’t read the “Brief” yet, but under contract law you must “Knowingly and Willingly” enter into said contract.
You can NOT be “Coerced or Deceived” into a contract.
As for Social Security, if you dig a little deeper you will find that you are NOT mandated into it, see the small town in Texas who has opted all of it’s Municipal Employee’s out of it.
The only people the Government can dictate any law to are “14th Amendment” Federal U.S. citizens of the USofA Inc.
The augment that 0-care is just a tax like SS, was rejected by some of the liberal lower court decisions that still upheld 0-care under the commerce clause. The 0-care mandate penalizes those that refuse to buy insurance with a fine, a penalty. The courts have made a clear distinction between a penalty and a tax. Forcing people to enter into private contacts, and calling that a tax, exceeds even an ardent Leftist’s capacity for pretzel logic.