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?
Nope. Juan Williams was right (for once). People will talk about this for a few days, then forget about it.
A few patriots will try to have the whole thing overturned, but most of us (Congress included) will simply go back to watching TV.
That is actually an interesting take. I noticed that even drudge has dug up Obama’s “This is not a tax” speech.
It’s a disgrace: Congress no longer has to even be tied down by the Commerce Clause to compel the plebeians to do what it wants- it will simply do it under this new backdoor tax approach (...without even having to call it a “tax”). I didn’t think it was humanly possible, but I think this may be an even worse decision that simply saying it was valid under the Commerce Clause.
“I don’t necessarily disagree. But first we need to get the US Military on our side.”
Perfusion should be perversion. I hate my iPad.
I agree, and when this is pointed out the who thing will implode.
Those rejoycing are going to be very unhappy.
My question: Isn't social security only assessed against workers? If you have a stay-at-home spouse, that person does NOT pay social security, right? But that person will still be mandated to have health care coverage?
If that analogy is correct, then how are they similar? It's more like auto insurance. Only drivers have to pay auto insurance, not everyone. Social security is only paid by workers, not everyone.
But everyone must buy health insurance or the IRS will throw them in prison.
-PJ
I agree. I called my Senator’s Office (Marco the Man) and voiced the same sentiment. The bill did not go in as a tax. SCOTUS arbitrarily changed it to a tax. I know of no authority for them to do so. It was unconstitutional as written and is now surely unconstitutional as SCOTUS doe not have the power to tax.
The “right people” will get waivers. They’ll still get “health care” but will be exempt from the “tax”.
Maybe stay at home moms will need to join a union to get their waiver.
Agreed.
But we should remember that democracy is a messy business (in many ways it would be much "easier" to live under a benevolent monarch [one that come to mind is affectionately named the 'Morning Star'...]). As someone else has pointed out, it wasn't the SC that created this mess - it was congress.
And unfortunately we are getting the govt' - and subsequent laws - that we collectively deserve. And as I mentioned too it is not up to the SC to write our laws.
Yes this is going to haunt us for a long time. The answer is with educating the electorate. Unfortunately too, wisdom oftentimes comes at the END of a painful experience. It may be that our fellow citizens will learn - but only after experiencing the painful end result of 4 more years of BO.
My hope is that before the fall election our electorate gets a civics and economic lesson by watching Europe fall on it's face - having followed the same course on which BO is trying to direct us...
I was thinking the same thing
The house already passed Obamacare, it's a done deal.
Makes sense what you said
Even more so since it is 2014 the next congress can undo it
I think this was Roberts main intent - "I am gonna throw you a rope - but you're gonna have to pull yourself out..."
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