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To: FredZarguna; All

YET AGAIN, THE TAXATION IS NOT NEW POWER.

Virtually every single legal scholar agrees that all courts from the bottom up would have upheld the law if Congress had explicitly called it a tax.

Roberts did not expand government at all with the decision, actually dramatically restricting it and daring people to elect those to will repeal the bill when he wrote in his opinion that it is the job of the people to fix policy abuses by Congress, not the court.


92 posted on 06/28/2012 9:15:27 PM PDT by rwfromkansas ("Carve your name on hearts, not marble." - C.H. Spurgeon)
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To: rwfromkansas
Yet again: The taxation power, ruled as necessary and proper because taxation itself is necessary and proper is a new and dangerous legal theory.

LOCKING YOUR CAPS WON'T MAKE THIS A GOOD DECISION, AND IT DOESN'T IMPROVE YOUR "ARGUMENT."

And throw-away dicta about the Commerce Clause will have no bearing on any future decision.

93 posted on 06/28/2012 9:48:50 PM PDT by FredZarguna (The justification for a tax cannot be the authority to tax in and of itself.)
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To: rwfromkansas
Virtually every single legal scholar agrees that all courts from the bottom up would have upheld the law if Congress had explicitly called it a tax.

Virtually every legal scholar, except that is, for the actual conservatives on the Court who thoroughly destroyed the claim that the mandate was a tax. Scalia, Thomas, Kennedy and Alito all held that the mandate was NOT a tax. They cited four precedent cases in which the court rejected claims that a penalty could be imposed under the taxation authority of Congress. And they said -- in no uncertain terms: "This Court HAS NEVER BEFORE RULED THAT A PENALTY COULD BE REGARDED AS A TAX."

Now please stop apologizing for the Majority. You're "analysis" is as embarrassing as their opinion.

120 posted on 06/29/2012 2:24:02 PM PDT by FredZarguna (When you find yourself arguing against Scalia and Thomas, you AREN'T a conservative.)
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