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Question: How can the "Mandate Tax" be constitutional?

Posted on 06/28/2012 7:42:10 AM PDT by Maceman

Article 1, Sec. 9 of the US Constitution reads: "No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken."

The 16th Amendment reads: "The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration."

It thus seems to me that the only direct tax allowable under the US Constitution is the Income Tax. So my question is how is the mandate an income tax?

It seems to me that unless the mandate is tied to income, it is expressly prohibited.

Anyone want to explain this to me, other than saying that the Constitution means whatever the SCOTUS wants it to mean?


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1 posted on 06/28/2012 7:42:10 AM PDT by Maceman
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To: Maceman

Stockmarket presently is down by triple digets.


2 posted on 06/28/2012 7:46:57 AM PDT by mware (By all that you hold dear on this good earth, I bid you stand, Men of the West)
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To: Maceman

You are absolutely right. The SCOTUS just allowed Congress to tax us for breathing. Twisting the constitution into a pretzel. What else is new?


3 posted on 06/28/2012 7:47:17 AM PDT by Skeez
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To: Maceman
The DNC executive director had this to say.

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4 posted on 06/28/2012 7:49:26 AM PDT by cripplecreek (What does it profit a man if he gains the whole world but loses his soul?)
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To: Maceman

It’s Constitutional because they say it’s Constitutional. It is whatever they say it is.


5 posted on 06/28/2012 7:49:34 AM PDT by cydcharisse (`)
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To: Maceman
I'm just a simple retired soldier but it appears to me that the Supreme Court just raised everybody’s taxes. I always thought Congress had to do that.
6 posted on 06/28/2012 7:49:57 AM PDT by mosaicwolf (Strength and Honor)
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To: Maceman

How can requiring the purchase of a product be considered a tax?


7 posted on 06/28/2012 7:50:15 AM PDT by skeeter
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To: Maceman

Call it a tax and anything goes.


8 posted on 06/28/2012 7:50:42 AM PDT by luvbach1 (Stop the destruction in 2012 or continue the decline)
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To: Maceman; mandaladon; ding_dong_daddy_from_dumas; stephenjohnbanker; DoughtyOne; Gilbo_3; NFHale; ...

The SCOTUS upheld most of Obama-care by redefining the ‘personal’ mandate as a tax as the Obama SG argued. I always said this was probably what they would do based on decades of precedents, I obviously didn’t know for sure but the ‘fine’ now called a ‘tax’ is like an reverse tax credit.

Roberts joined the Dems again, looks like the liberals warnings/threats got to him. Kennedy desented saying the whole act is unconstitutional.

That was the personal mandate/fine/tax. FNC is also reporting that the ruling says Obama-care cant punish the states for not following Medicaid expansion mandates, so that is actually good news but unexpected and will be largely ignored.

I swore off wishful thinking many years ago.


9 posted on 06/28/2012 7:50:46 AM PDT by sickoflibs (Romney is a liberal. Just watch him closely try to screw us.)
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To: Skeez

—You are absolutely right. The SCOTUS just allowed Congress to tax us for breathing. Twisting the constitution into a pretzel. What else is new?—

My emotional response to this is similar to my response when, completely unexpected by me, my wife of 20 years had divorce papers delivered to me in 1997.

And it is appropriate, because the United States of America just divorced itself from the constituion - and me.


10 posted on 06/28/2012 7:51:18 AM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: cripplecreek
This needs to be distributed far & wide. We've been delivered to a**holes like this.

I have an intense hatred right now for those on our side who enabled it to happen.

11 posted on 06/28/2012 7:52:28 AM PDT by skeeter
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To: Maceman
My thoughts exactly but much better formulated than I could.
12 posted on 06/28/2012 7:52:41 AM PDT by RobbyS (Christus rex.)
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To: Maceman

Well since 48% of the population pay no income tax I guess they get their health care for free.


13 posted on 06/28/2012 7:52:43 AM PDT by usurper (Liberals GET OFF MY LAWN)
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To: Maceman

The last straw has just been placed on this citizen’s back.

This is no longer the country of limited government as designed and demanded by the founders.

Secession has to tried again.

We have half the country which wants to live off the other half. Half believes the moral high ground is killing the unborn. Half the country hates the military while claiming to support it. Half the country completely disagrees with the founders brilliance of limited government.

We cannot resolve these differences EVER at the voting booth. Only a divorce between the parasites and the body of producers is a viable solution.

As it stands we are living in the roach motel and the roaches are keeping us hostage


14 posted on 06/28/2012 7:53:31 AM PDT by Wurlitzer (Nothing says "ignorance" like Islam!)
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Hey Patrick. You’re a classy POS.


15 posted on 06/28/2012 7:53:31 AM PDT by b4its2late (A Liberal is a person who will give away everything he doesn't own.)
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To: usurper

No, they and illegals are already getting it for free. This is about Communist control, period.


16 posted on 06/28/2012 7:54:39 AM PDT by wac3rd (Somewhere in Hell, Ted Kennedy snickers.....)
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To: mware
"Question: How can the "Mandate Tax" be constitutional?

Answer: Because John Roberts says it is!

17 posted on 06/28/2012 7:54:44 AM PDT by I am Richard Brandon
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To: sickoflibs

—The SCOTUS upheld most of Obama-care by redefining the ‘personal’ mandate as a tax as the Obama SG argued. I always said this was probably what they would do based on decades of precedents, I obviously didn’t know for sure but the ‘fine’ now called a ‘tax’ is like an reverse tax credit.—

I saw that as the only way it could stay intact, even though I thought there was no way the SCOTUS could seriously consider it.

Looks like I was wrong.

At least the families of Roberts are safe now. He did what he was told.

No, I am not joking.

I learned in my commercial real estate days that the more money was involved, the more corrupt people were. This was the biggest issue in the history of mankind that did not involve an out and out shooting war.


18 posted on 06/28/2012 7:54:52 AM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: Maceman

how? because it gives them more power... after that, they just have to make up a reason that it’s ‘legal’

it’s time for a tax revolt.

it’s all they understand ... before crossing the line


19 posted on 06/28/2012 7:55:30 AM PDT by sten (fighting tyranny never goes out of style)
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To: Maceman

Constitution of the United States... 4 March 1789—28 June 2012.... R.I.P.


20 posted on 06/28/2012 7:55:50 AM PDT by csmusaret (I will give Obama credit for one thing- he is living proof that familiarity breeds contempt.)
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