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To: Talisker; All
Talisker, I have a few reservations concerning your post about activist Justice Roberts and constitutionally indefensible Obamacare Democratcare.
One Stone, Two Powers: How Chief Justice Roberts Saved America

More specifically, neither Obama or activist Justice Roberts can point to IRS code to justify anything concerning Democratcare. This is because the Founding States had made the first numbered clauses in the Constitution, Sections 1-3 of Article I, evidently a good place to hide them from Obama and Chief Justice Roberts, to clarify that all federal legislative powers are vested in the elected members of Congress, not in the executive and judicial branches, or in non-elected bureaucrats like those running the IRS. In other words, Congress has a constitutional monopoly on federal legislative powers whether it wants it or not imo.

So by delegating federal legislative powers to constitutionally undefined "federal regulatory agencies" such as the IRS, Congress is wrongly protecting federal legislative powers from the wrath of the voters in blatant defiance of the clauses referenced above.

Next, regardless that Justice Roberts referenced Gibbons v. Ogden to help justify his support for Democratcare, Gibbons opinion includes the following statements which clearly don't support the Supreme Court's PC decision on Democratcare.

”State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress. [emphases added]” —Gibbons v. Ogden, 1824.

“Congress is not empowered to tax for those purposes which are within the exclusive province of the States.” —Justice John Marshall, Gibbons v. Ogden, 1824.

In other words, since the states have never granted Congress the specific power, via the Constitution, to define public healthcare policy, Congress doesn't have the power to make laws which legislatively address healthcare issues any more than it has the power to regulate our 1st Amendment-protected rights. This is regardless if such legislation merely appropriates taxes or applies penalties in the name of healthcare as evidenced by Justice Marshall's official clarification of Congress's limited power to lay taxes.

The bottom line is that corrupt federal Democrats wrongly ignored proposing a healthcare amendment to the Constitution to the states for ratification before establishing Democratcare, the states not obligated to ratify such an amendment.

59 posted on 04/19/2014 8:59:25 PM PDT by Amendment10
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To: Amendment10
In other words, since the states have never granted Congress the specific power, via the Constitution, to define public healthcare policy, Congress doesn't have the power to make laws which legislatively address healthcare issues any more than it has the power to regulate our 1st Amendment-protected rights. This is regardless if such legislation merely appropriates taxes or applies penalties in the name of healthcare as evidenced by Justice Marshall's official clarification of Congress's limited power to lay taxes.

You are talking about non-corporate human beings referenced by the term "the people" in the original Constitution.

However, the bottom line of "One Stone, Two Powers: How Chief Justice Roberts Saved America" is that Obamacare references people acting in a corporate capacity, known as many things, among them, "individuals" or "persons" or "taxpayers."

The difference between these two classifications, and their relevant jurisdictions, is the "two (government) powers" referenced by Roberts: non-corporate, and corporate.

The 14th Amendment has inclusions which contradict the original Constitution. Therefore, under the rules of legal construction, the 14th Amendment must be thrown out, unless a *different* application can be found for it than the original Constitution. That different application is corporations. The application of corporate capacity being applied to individual human beings was created in the 14th Amendment (and enacted most famously in the Emancipation Proclamation. But it was also the defining reference in the 16th Amendment, too - which allowed the income tax to be later ruled as "not adding any new tax." Why? Because corporations were already taxed. And, through the 14th Amendment, people acting in corporate capacities were included in that same tax.

Obamacare therefore merely adds to that 16th Amendment corporate capacity tax, by including healthcare provisions. And since corporations have no rights, literally anything can be added or subtracted to their privileges or lack thereof. Privilege means slavery - it means whatever is granted is at the pleasure of, and for the benefit of, the government - not the corporation. And that is what has been applied to the people without their understanding it.

Of course, the fact that they are not told it is being done has helped the mystery stay mysterious.

64 posted on 04/20/2014 2:16:44 PM PDT by Talisker (One who commands, must obey.)
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