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?
Call me an optimist, but I think Roberts might have pulled a fast one on the left.
Here is my thinking; For decades the the SC has taken on the mantle of CREATING legislation - ostensibly the job of congress. And we have rightly excoriated these decisions as judicial activism - legislating for the bench.
What has Obama said all along? “This is not a tax”. Well Roberts I think may have pulled a Solomon and told the country to in essence “Ok - let’s cut the child in half - you each get a piece”.
The bottom line is that Roberts said to congress: “Don’t make us do your dirty work - I’m not gonna be the fall guy. You (congress) have the power to tax and so, we’re gonna call this what it is - a tax.”
And so here we have it: TAXATION by our representation! I think (I hope at least) Roberts understood that this would light a fire - and it will...
Watch for the lawsuits against this.
Not secession, a second revolution. Refusing the mandate redefined as a tax that did not go through the legislative process as a tax should be the present day “tea in the harbor” event. The non-representative representatives need to know that the slaves are rebelling. This “tax” has not been legislated as a tax and is void.
Now more than ever, resist and FAD.
And why in the hell wasn't Kagan forced to recuse?
The SCOTUS did not approve a “mandate tax”
They simply ruled that it was a tax...one of the big arguments in the case was if the mandate was a penalty or a tax.
The SCOTUS simply ruled that it was a tax. They are prohibited from making a ruling on the Consitutionality of the tax by the Anti-Injunction Act until the tax is actually imposed (which will be in 2014).
They kicked the can down the road.
The income tax was ruled by the SCOTUS as unconstitutional when it was first imposed during the American Civil War.
It became constitutional once the 16th Amendment was passed. Think of ObamaCare as an extension of the 16th Amendment.
ObamaCare is going to increase the breadth and depth of power that the IRS already has. Think the IRS is tyrannical now? Just wait until they spool up with their new powers in hand.
The other two branches have been spending money hand-over-fist and they need to raise more revenue. Period. I’ve been saying all along that all this was is a new tax.
So they require that the workhorses pulling the wagon pay more. Boxer the horse (`Animal Farm’): “I will work harder.”
It sounds a little vainglorious to say, “I’m going Gault,” since I’m no captain of industry, but that’s exactly what I’m planning to do. They can find another cash cow. I’m not playing and I’m not paying.
To all of you saying, “Well, my state can opt out!” ... Get real. (Unless you are Nebraska or one of Obama’s exempted client bases.) When was the last time you read of a federal bureaucracy fading away, issuing a press release: “Hey, we’re not just unnecessary but a yoke upon the neck of the people, so we’re closing our doors.”? They already have their little IRS drones readying the threatening form letters and sharpening their teeth.
“Romney will save us!” Up your lithium dosage. Welcome to the future. Prepare to have your UPC bar scanner code tattooed to your wrist, Not Sure.
See my post #41...
It's as if the court says you can't yell "Fire" in a crowded theater, yet they can tax you if you don't, yell "Fire" in a crowded theater!
Hate to say it, but I agree with you 100%
Wake up people, we now live in a Medical/Pharma police state. Once the government controls your health care, they run your life.
The answer’s in front of us all....whatever way one wishes....
Words do not mean a damn thing. We need a bookburning and put all of the dictionariews on fire. We are adrift. Liberty is dead.
“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.”
So we just give up because it was tried before? If at first you do not secede, try, try, try, try, try again.
Elections do not change people’s opinions and it is all to obvious that half this country is nothing like the other half and they are becoming oppressive with all their government mandates, and limits to our Creator given rights.
The founders knew an election would not help. Thomas Jefferson gave us ample warning.
We must have secession by peaceful means if at all possible but secession none the less.
IMHO, if the HC decision comes down on June 28th and goes against the Constitution, it will have been done by the jihadis.
1389 ? Battle of Kosovo takes place between Serbian and Ottoman army.
1519 ? Charles V is elected Emperor of the Holy Roman Empire.
http://en.wikipedia.org/wiki/June_28
1914 - Archduke Francis Ferdinand and the Mrs. Archduke were assassinated by Serb nationalist in (what is now known as) Sarajevo, Bosnia. WW I begins.
1919 - The Treaty of Versailles was signed ending World War I exactly five years after it began. The treaty also established the League of Nations.
1942 - German troops launched an offensive to seize Soviet oil fields in the Caucasus and the city of Stalingrad.
1949 - The last U.S. combat troops were called home from Korea, leaving only 500 advisers.
1950 - North Korean forces captured Seoul, South Korea.
1954 - French troops began to pull out of Vietnam?s Tonkin Province.
1960 - In Cuba, Fidel Castro confiscated American-owned oil refineries without compensation.
1964 - Malcolm X founded the Organization for Afro American Unity to seek independence for blacks in the Western Hemisphere.
http://www.on-this-day.com/onthisday/thedays/alldays/jun28.htm
The Night of the Long Knives started on June 29th...as in the day following.
http://www.historylearningsite.co.uk/night_of_the_long
Most of it comes into effect 2014. Some provision are now in effect..I.E the 26 year old coverage etc.
The fed can bluster all it wants about what it will do to the individual states but I believe they understand that stomping on a state will bring consequences down on their heads that they do not want.
I don't necessarily disagree. But first we need to get the US Military on our side.
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