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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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To: Maceman

I hereby propose to use the term “Roberts Tax” in place of “Mandate Tax.” Roberts wanted his legacy, well he got it.


21 posted on 06/28/2012 7:56:45 AM PDT by dfwgator
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To: Wurlitzer

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

I understand. My thoughts go this way: I am constrained in my response by the Lord and adherence to his teachings.

What about those who do not share those constraints?


22 posted on 06/28/2012 7:56:50 AM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: Maceman

Sorry, all I can say is: “The Constitution means whatever the SCOTUS wants it to mean.


23 posted on 06/28/2012 7:58:32 AM PDT by luvbach1 (Stop the destruction in 2012 or continue the decline)
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To: Maceman

Comparable to signing up your kids for Social Security. It’s optional, but you’ll pay the IRS $1000/year until you do or they leave home. With sufficient weasel-wording, it’s deemed legal.


24 posted on 06/28/2012 7:58:50 AM PDT by ctdonath2 ($1 meals: http://abuckaplate.blogspot.com)
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To: cripplecreek

Stay Classy, DNC!


25 posted on 06/28/2012 7:59:49 AM PDT by liberalh8ter (If Barack has a memory like a steel trap, why can't he remember what the Constitution says?)
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To: Wurlitzer

Secesseion?

More than that.

It’s freaking over, this is the line in the sand. Gotta have someone other than Romneypuke as the candidate. I’m going to go throw up now. Just checking the news, it’s a black day.

Screw every SCOTUSfreak who voted for this.


26 posted on 06/28/2012 7:59:53 AM PDT by little jeremiah
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To: usurper
Well since 48% of the population pay no income tax I guess they get their health care for free.

That in a nutshell was the objective.
27 posted on 06/28/2012 8:00:13 AM PDT by sasquatch
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To: cuban leaf
RE :”At least the families of Roberts are safe now. He did what he was told. No, I am not joking.

More like he was worried those party invitations in DC would dry up. see this at #9

Now Roberts will be praised by the progressive elites and MSM as a 'great justice'

28 posted on 06/28/2012 8:00:13 AM PDT by sickoflibs (Romney is a liberal. Just watch him closely try to screw us.)
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To: Maceman

I’d say it’s time for a constitutional amendment to say that the government can’t tax people for NOT doing something. Would it really be that hard to pass an anti-tax amendment?


29 posted on 06/28/2012 8:00:53 AM PDT by JediJones (From the makers of Romney, Bloomberg/Schwarzenegger 2016. Because the GOP can never go too far left.)
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To: Maceman

The Constitution is irrelevant.

Our country is not based on a Constitution anymore.


30 posted on 06/28/2012 8:01:27 AM PDT by surfer (To err is human, to really foul things up takes a Democrat, don't expect the GOP to have the answer!)
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To: Wurlitzer

We tried a Civil War 150 years ago. All it accomplished was to preserve the union.But we wouldn’t want that any more than the Confederates did.


31 posted on 06/28/2012 8:02:14 AM PDT by luvbach1 (Stop the destruction in 2012 or continue the decline)
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To: mosaicwolf

From one retiree to another; I believe that is exactly the point. The supreme court says that it is a tax but that now means that the law as it is written WITHOUT any tax provision is invalid because the “tax” was not a part of the bill. The SC cannot change the wording of the law, they can rule that the mandate is really a tax that is permissible. Without changes to the law the mandate/tax is not enforceable because the tax was never voted on as a tax.


32 posted on 06/28/2012 8:02:16 AM PDT by RJS1950 (The democrats are the "enemies foreign and domestic" cited in the federal oath)
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To: Maceman

for the mathematically challenged...

in 2009 we spent $2.3 trillion for health services in America (it’s higher now). assume $2 trillion in costs, allowing for 15% profit. so how much would the tax have to be to pay for this?

how much tax revenue does the fedgov bring in now?

$2 trillion.

how much MORE will they need to pay for this?

$2 trillion (and that’s BEFORE you tell them it’s free)

so... how much will the tax increase have to be?

100%

on those that actually pay taxes ... the 70m people that pay for everything now

simple facts.

(and yes, this means that we won’t cover it, and we’ll just tack it onto the debt, driving the dollar down)


33 posted on 06/28/2012 8:02:35 AM PDT by sten (fighting tyranny never goes out of style)
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To: Maceman
So my question is how is the mandate an income tax?

Beyond that, how is requiring me to buy something from a non-governmental corporation a tax? The monies do not go to the government.

Once again, SCOTUS re-defines the basic meaning of a word to get their way. Roberts carries the stench of facism about him.

34 posted on 06/28/2012 8:03:06 AM PDT by dirtboy
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To: mosaicwolf

Raised our taxes, which are now payable to Humana?


35 posted on 06/28/2012 8:03:29 AM PDT by Buckeye McFrog
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To: b4its2late
Hey Patrick. You’re a classy POS.

He was just spiking the football.

36 posted on 06/28/2012 8:03:51 AM PDT by luvbach1 (Stop the destruction in 2012 or continue the decline)
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To: liberalh8ter

I’m sure “Little Boots” will be out lecturing us on civility today as he does a victory dance.

I think he will live to regret it.


37 posted on 06/28/2012 8:04:27 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

We are all slaves now.


38 posted on 06/28/2012 8:05:13 AM PDT by Psycho_Bunny (Future generations will curse what we've done to them.)
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To: Maceman

When does this frigging law come into effect? Now? 2014? My wife - 72 years - needs an operation in September. Will she get it now? Will the death panel deny her?


39 posted on 06/28/2012 8:05:23 AM PDT by 7thson (I've got a seat at the big conference table! I'm gonna paint my logo on it!)
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To: little jeremiah

I am waiting for all those who chastised me for calling the black robed morons, black robed morons to apologize.

I will not be holding my breath.

We cannot survive as the country intended by the founders as long as we have public schools cranking out commie loving young minds of mush every year. This is a country completely divided to its very core.

No election or elections can ever change the opinions of the parasite crowd. You can change the name of the ruling elite but you cannot change the twisted logic of the left.

There can only be one solution. Secession by peaceful means if at all possible but secession is an absolute must.


40 posted on 06/28/2012 8:05:47 AM PDT by Wurlitzer (Nothing says "ignorance" like Islam!)
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