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In Health Care Ruling, Roberts Steals a Move From John Marshall's Playbook [Comments Please!]
The Atlantic ^ | 6/28/12 | Daniel Epps

Posted on 06/28/2012 4:23:55 PM PDT by SoFloFreeper

There are eerie parallels between today's decision and a legendary case from Thomas Jefferson's time.

Earlier today, the Supreme Court, by a narrowly divided vote, upheld the individual mandate, a key component of President Obama's signature piece of legislation, the Patient Protection and Affordable Care Act. Obama supporters are letting out a collective sigh of relief, as most observers expected the mandate -- and possibly the entire Act -- to fall after the oral argument. Conservatives are conversely upset that Chief Justice Roberts -- the deciding vote in the case -- snatched defeat for conservatives from the jaws of victory, given that there were four votes to strike down the Act in its entirety.

(Excerpt) Read more at m.theatlantic.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: 2012; bullchit
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To: circlecity
Roberts just invented the most pernicious new precedent for vastly expanded Federal power since the New Deal. Congress can now call any regulatory penalty under any circumstance a tax and it will now be upheld under Congress’ unlimited taxing authority.

Even worse, the court can now rewrite congressional legislation and impose a “tax” where none previously existed, thus superseding Congress.

This decision is far far worse than any I could have imagined. How Roberts cooked this one up is beyond rational explanation.

21 posted on 06/28/2012 4:58:26 PM PDT by mojito
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To: ConradofMontferrat

“Now, if Roberts is as smart as I think he is,”

He’s not.


22 posted on 06/28/2012 5:01:31 PM PDT by Smokeyblue
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To: ConradofMontferrat

I didn’t spell circuses right heh
http://en.wikipedia.org/wiki/Bread_and_circuses

I fear people are reading far more into his ideas
behind his ruling. Occam’s Razor.


23 posted on 06/28/2012 5:01:40 PM PDT by Mmogamer (I refudiate the lamestream media, leftists and their prevaricutions.)
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To: mojito

“This decision is far far worse than any I could have imagined. How Roberts cooked this one up is beyond rational explanation.”

Yes.

What’s worse is how many people here are like Obama voters. Roberts is a genius who poops rainbows and unicorns.

They need to face reality but that’s too painful for them. Just like Obama voters.


24 posted on 06/28/2012 5:05:43 PM PDT by Smokeyblue
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To: Mmogamer

Oh Jeez, you may be right.

But I have to glom onto some ray of “hope” so that this sh!t “changes”.

Sigh.....


25 posted on 06/28/2012 5:06:10 PM PDT by ConradofMontferrat (According to mudslimze, my handle is a Hate Crime. Hope they don't like it.)
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To: Smokeyblue

You may be right on! (sorry for that pun, I’m from the 60’s)

Now on the other hand, what if he is?

I don’t know the man, as a pig farmer I’ve never had the chance to interact with any of the high falootin upper crusties.

But just what if?

Our country is in trouble. I have faith that God will sort things out.


26 posted on 06/28/2012 5:10:33 PM PDT by ConradofMontferrat (According to mudslimze, my handle is a Hate Crime. Hope they don't like it.)
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To: radioone
I thought we were on track with Josh Mandel, but he's still 7-8 points behind Brown here in OH. However, his name recognition is only at 63%, so that is a LOT of room for growth. Maybe this will get him over the hump.

McCaskill is toast, I think. And I think Tester will lose, but that's close. I can't call NE---don't have enough info. Connie Mack can't seem to catch Nelson, and Allen still slightly trails Webb. We'd have to get one of those, I think. I'd guess we'd win WI with Tommy Thompson, so that's four flips.

27 posted on 06/28/2012 5:15:16 PM PDT by LS ("Castles Made of Sand, Fall in the Sea . . . Eventually (Hendrix))
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To: Smokeyblue

LOL,

I’ve been told that my language is “colorful.”

But dude, you just hit it out of the park with that one.

“poops rainbows and unicorns”

Sorry my man, but I have to steal that one. It’s just too good not to pass on.

(I’ll attribute it you anyway.)


28 posted on 06/28/2012 5:16:58 PM PDT by ConradofMontferrat (According to mudslimze, my handle is a Hate Crime. Hope they don't like it.)
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To: ConradofMontferrat; NTHockey

“Now on the other hand, what if he is?”

It’s pointless to play that game. You say yourself that you are grasping for a ray of hope.

Reposting NTHockey’s post here:

Occam’s razor:”other things being equal, a simpler explanation is better than a more complex one.”

The Roberts decision is so complex as to defy reason. One principle of law is what would a reasonable man expect? There is no such standard in this decision. Rather, there is a twisted, convoluted Machiavellian path from A to B that no reasonable person would accept. If something is repeatedly deemed not a tax, by what stretch of the imagination is it suddenly a tax?


29 posted on 06/28/2012 5:19:01 PM PDT by Smokeyblue
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To: SoFloFreeper

One consideration that has been running through my head all day.

We are told that it is discriminatory to require Americans to produce identification to vote. Hey, they might not be able to afford it.
However, wouldn’t the Government need to identify everyone to implement these Health Exchanges? Using an ID of sorts?

Instant voter ID.


30 posted on 06/28/2012 5:20:31 PM PDT by vlad335
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To: SoFloFreeper
I admit, that is a fascinating analysis. But it presupposes (not out of the realm of reality) that Roberts was looking to establish a political position instead of merely a judicial ruling.

I don't know that was his intent. It certainly, however, may be the result of his ruling. And out of everything that has been said (indeed, as I pointed out on another thread, I PREDICTED EXACTLY this outcome . . . in December 2009!), one thing that struck me was Roberts' insistence that the people must control their government, not vice versa. This certainly is something conservatives have been clamoring for for years. I dunno, I'm somewhat warming up to the decision.

31 posted on 06/28/2012 5:21:04 PM PDT by LS ("Castles Made of Sand, Fall in the Sea . . . Eventually (Hendrix))
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To: ConradofMontferrat

“I have to steal that one. It’s just too good not to pass on.”

Feel free. No attribution necessary. : )


32 posted on 06/28/2012 5:21:49 PM PDT by Smokeyblue
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To: formosa
He knew exactly what he was doing.

I contend Roberts also knew what he was doing when he flubbed the Keyan bastard's oath of office. I also remember the Chicago Tribune editorial endorsement just prior to the 2008 presidential election. They referred to Obama's supernatal abilities. FRiends, I have long thought it, but am now certain we are dealing one of satan's own spawn.

33 posted on 06/28/2012 5:25:29 PM PDT by suijuris
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To: Smokeyblue
The Roberts decision is so complex as to defy reason. One principle of law is what would a reasonable man expect? There is no such standard in this decision. Rather, there is a twisted, convoluted Machiavellian path from A to B that no reasonable person would accept. If something is repeatedly deemed not a tax, by what stretch of the imagination is it suddenly a tax?


Excellent point Smokey, and its the time of night that my brain no longer wants to function well. We were lied to, told it wasn't a tax. And now, all of a sudden, its a tax.

Machiavelli would revel in this environment. And that's a sad commentary. Liars all.

34 posted on 06/28/2012 5:26:52 PM PDT by ConradofMontferrat (According to mudslimze, my handle is a Hate Crime. Hope they don't like it.)
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To: Lionheartusa1
Basically Roberts said you get the govt. you elect ,, blame yourselves not me . Maybe he’s suggesting we need a change .

Bingo, we have a winner.

"If you don't like what Congress does, go get yourself a new congress."

We'll get that opportunity in November.

35 posted on 06/28/2012 5:32:50 PM PDT by tpmintx (Problem: The people who work for a living are outnumbered by those who VOTE for a living.)
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To: formosa
"The truth is all he’s done is give the Federal Government to power to tax all of us by selecting certain groups of people to punish via the IRS. This is the power to tax any behavior we take or do not take."

This power has always existed. But, for 225 years it was never exercised. And even in 2010, this power was carefully disguised as anything other than a tax. Why is that?

Now the cards are on the table. Congress can tax anything & anybody. But THEY have to initiate the tax - who pays, who doesn't pay, how much & how little. And they cannot delegate this constitutional responsibility to anyone else.

Some would call this accountability. Raw state power has been laid bare for all to see, but they can't hide behind the commerce clause to enact their programs.

They've got to do it out in the open.

36 posted on 06/28/2012 5:33:59 PM PDT by semantic
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To: mojito

You’re just plain flat wrong. Go read some of the intelligent commentary on this issue. Hamilton and Madison debated whether the power to tax was strictly limited to enumerated powers of the federal government or largely unlimited as long as it served the general welfare. Hamilton favored the latter, Madison the former. Madison was right but HAMILTON WON. Roberts invented NOTHING. He simply forced the Dems to be honest about what they are doing.

The power to tax has been pretty much unlimited ever since that Madison/Hamilton debate.

The power to tax is not limited by Constitution but by politics, by the voters.

Man up. Roberts has not approved of Tax X or Tax Y or Tax level Z or Tax Level M. That’s for Congress to decide and if Congress taxes us unjustly then we, not Roberts, have to throw the bums out.


37 posted on 06/28/2012 5:37:11 PM PDT by Houghton M.
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To: Smokeyblue

Exactly


38 posted on 06/28/2012 5:39:00 PM PDT by free me (Roberts killed America)
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To: Son-Joshua
You could go a step further and say that since Roberts REFINED OBAMACARE TO BE A TAX, the 26 States can re-frame their lawsuit accordingly, fighting the constitutionality of TAXING PEOPLE FOR INACTIVITY.

The original ruling was based on a lawsuit challenging constitutionality under the Commerce Clause, not a penalty being a TAX.

This begs another question.. WHY HAVE THE MARXISTS WON NEARLY EVERY BATTLE SINCE 2008? WE CAN'T WIN A G-DAMNED THING! If Clinton was slick willy, what's Obama? Teflon Obama?

39 posted on 06/28/2012 5:42:05 PM PDT by GeorgeWashingtonsGhost
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To: mojito

Correct and yet many here think he’s some kind of genius.

It’s astounding.


40 posted on 06/28/2012 5:42:30 PM PDT by free me (Roberts killed America)
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