--H.L. Mencken, The Baltimore Evening Sun, July 26, 1920
Obamacare was passed first in the House. The Senate then voted to adopt the House version through Reconciliation, thereby allowing the Democrats to avoid a filibuster and cram it through the Senate with only 51 votes.
Wrong, tax bills now originate at the SCOTUS.
Any tax? such as this one which was passed by teh Democrat controlled house?
Thoughts?
Yep. The Party’s over. Turn out the lights.
Any argument related to taxation -- even if it doesn't involve this specific point -- is an example of this. There are some parts of it that can't legally be challenged yet because nobody has any legal standing to challenge them right now.
We can’t put the entire weight of our dysfunctional republic on John Roberts back. Even for as a weak vessel as Roberts I can’t blame him for taking a pass. But, wouldn’t be great if this little mustard seed of jurisprudence — the mandate is actually a tax — could grow into something powerful and redeeming.
What classification of tax can it be other than a penalty tax?
The Senate gutted a bill passed by the house and inserted the language of ObamaCare.
Not according to Roberts. Or to the communists Administration we have now.
You have a President bypassing Congress to develop new legislation through the executive regulatory branch, Senators passing things that should be done in the House, House member who refuse to do their jobs in exercising their Congressional oversight authority, and a Supreme Court that is rewriting legal arguments to pass legislation rather than interpret the constitutionality of the legislation. Nobody really seems to care about carrying out Constitutional procedures. It’s become a situation where everyone does whatever they want. Total constitutional breakdown.
Salve
While many run on emotions, and surely they are right to be upset of this, this battle might be lost, but war is still ongoing.
I would like to bring something to this equation, from different prospective.
I call it Avalanche scenario.
1. With this ruling, taxes will have to be raised in order to compensate for all the suppose services giving to those who can’t or will not be able to have Health proper insurance.
2. Problem – sole purposes of business is to make profit, if small businesses, and I would like to emphasize this can’t or will not be able to afford taxes, or will decide to pass those taxes on products which will be the case, costumers will be hit in their packet harder as will others, who believe in free trading of assets.
3. After while majority of people will left work force for reasons that if you make 1300$ a week or two weeks and your check after deduction of this expenditure comes to 700$ that person better and will move from be a producer to be on government sponsors programs, therefore unemployment will rise, less revenue’s will be giving to Government, and you will have more people on paper money then real money. Absolute destruction of private enterprise.
4. Doctors as well private physician’s will have no choice but either to close their private clinics and move off shore, or removed themselves from system all together, this will hit preventive care as well all serious medical conditions, and most insurances will either not cover the treatments or will be force to raise premiums on those who have and work hard.
5. Majorities of companies will not be able to sustain heavy adding of services into insurances as many workers will decide to on government bailout then work, for it makes no sense to work, if you can receive same plan as those who do.
6. This will have unprecedented effect of effecting any business abilities in USA, as it will be too expensive to conduct research and development of new effective drugs, and other medicine, when majority will be on subsidies and will hamper on capabilities for Pharmaceutical companies to introduce new products, even with expenditure of governmental breaks out.
7. At the end once Avalanche process is finish, you have a good idea what will happen to rest of the country –…….
Now, this battle is not over, there are still some choices left, limited yes, they are still there. Now is up to you to unite and bring true conservatives to Both Chambers of your government. Real ones who know how to fight a real fight not a girly stance.
If I have offended any one, my apology, but more you cry less you will pee, time to start cleaning the house friends your style in your house.
Merci.
**Did SCOTUS set up a new attack on ACA? Any tax must originate in House**
Hammer meets nail. Is Roberts smart to set it up this way or what?
Good discussion from a reputable source:
“The bill that passed the Senate wasn’t technically a Senate bill. Reid took a bill that had already passed the House, stripped out the provisions to turn it into a “shell bill,” and then inserted the text of ObamaCare to get around this requirement. The bill that passed the Senate was H.R.3590, which initially had to do with tax breaks for military homeowners. And yes, they’ve used the “shell bill” strategy before. In fact, the conservative opinion today specifically mentioned Article I, section 7 at one point while raising no objection to Reid’s sleight of hand.”
ALSO:
“The silver lining here procedurally is that, now that the mandate’s officially a “tax,” it falls squarely within the parameters of budgetary matters than can be dealt with in the Senate via reconciliation. That means the GOP will only need 51 votes to get rid of it, not 60.”
--H.L. Mencken, The Baltimore Evening Sun, July 26, 1920
Wrong. Reid took a House bill that had no chance of passing in the Senate, lopped off all of the actual text in that House-originated bill, added all of the ObamaCare text and passed it.
Thus, technically, the ObabaCare bill, at least the HR bill number, originated in the House.
It is a corrupt way to do it, but that, in a very small nutshell, is Harry Reid.
HOUSE OF REPRESENTATIVES IN 2013 VOTE DOWN THIS NEW TAX ! WE CAN’T AFFORD IT WE ARE BROKE !!
Actually this ruling effectively repealed that provision of the Constitution because the thing was ruled to be Constitutional just as Obama’s illegitimacy has repealed the natural born citizen clause. Even conservatives believe that that clause is no longer operational and are pushing Jindal and Rubio, neither ow whom is “natural born” as both have parents who were not citizens when the two were born.
I was thinking about all of this last night as well.
Check this logic please:
1. If the Mandate is now a Tax that begs the question, “Are all Mandates taxes because they impose penalties for NOT abiding by the mandate?”
2. The ruling specifically said that the Fed Gov cannot impose a penalty on the States for NOT abiding by the Medicaid Extension...Because it is a TAX now and if I am not mistaken the Federal Government cannot directly TAX States.
3. In regards to waivers. A Federal Tax has to be implemented uniformly across ALL States, therefore all waivers that have been issued are now void because, as mentioned in many posts, a Federal Tax can not pick and choose when it comes to citizens???
4. Roberts and those who voted to “Uphold” the bill did the correct thing. The SC is not there to rule on Policy, only constitutionality. If they had struck it down in its entirety, it would have opened Pandora’s Box. So they ruled based on the fact that it is a TAX and therefore the Fed Gov has every right to TAX. Had Roberts voted the other way, this “MANDATE=TAX” ruling would never have come to light.
So the question is:
Did they just chop the B**ls off the Fed Gov by opening the door for All MANDATES to be considered TAXES, therefore, leading to a point in time where all MANDATES become TAXES and therefore, of not origionated in the House, are unconstitutional?
Think EPA, SEC, EDU, Energy, etc. All have there own Mandates.