Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

Dems: Commerce Can Be Taxed & Congress Can Tax, So Congress Can Force Commerce Via The Ind. Mandate
1/13/2011 | Laissez-Faire Capitalist

Posted on 01/19/2011 4:39:19 PM PST by Laissez-faire capitalist

The thread title pretty much sums up the argument being put forward by Democrats.

They believe that since commerce can be taxed, and the Constitution gives Congress the power to tax, that they can implement forced commerce and make people purchase health care coverage per the individual mandate.

This argument is similar to "Murder is wrong, therefore capital punishment is wrong." Just as this is a false conclusion (capital punishment hasn't been proven to be murder) and begs the question, so too does the argument being put forward by center-left Democrats. Just because Congress can tax commerce does not mean that they have proven that they have the constitutional right to implement forced commerce so that they tax it.

A person may be able to sue for not being able to rent a room at a hotel (or whatever) on the grounds of discrimination & a court may find in their favor. But that is quite different from a hotel owner trying to sue and force people to rent his hotel rooms.


TOPICS: Chit/Chat; Government; Politics; Society
KEYWORDS: commerceclause; congress; constitution; corruption; democrats; healthcare; individualmandate; obama; obamacare; taxes

1 posted on 01/19/2011 4:39:26 PM PST by Laissez-faire capitalist
[ Post Reply | Private Reply | View Replies]

To: Laissez-faire capitalist

“”They believe that since commerce can be taxed, and the Constitution gives Congress the power to tax, that they can implement forced commerce and make people purchase health care coverage per the individual mandate.””

So how do they plan to get around the very vocal protests of the president and dems that it was NOT A TAX!!!!

Eenie, Meanie, Miney, Mo!!!!


2 posted on 01/19/2011 4:51:21 PM PST by Thank You Rush
[ Post Reply | Private Reply | To 1 | View Replies]

To: Laissez-faire capitalist

“”They believe that since commerce can be taxed, and the Constitution gives Congress the power to tax, that they can implement forced commerce and make people purchase health care coverage per the individual mandate.””

So how do they plan to get around the very vocal protests of the president and dems that it was NOT A TAX!!!!

Eenie, Meanie, Miney, Mo!!!!


3 posted on 01/19/2011 4:52:05 PM PST by Thank You Rush
[ Post Reply | Private Reply | To 1 | View Replies]

To: Laissez-faire capitalist

Butterflies fly and 747’s fly so 747’s are made of butter


4 posted on 01/19/2011 4:54:35 PM PST by muir_redwoods (Obama. Chauncey Gardiner without the homburg.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Laissez-faire capitalist

Butterflies fly and 747’s fly so 747’s are made of butter


5 posted on 01/19/2011 4:54:38 PM PST by muir_redwoods (Obama. Chauncey Gardiner without the homburg.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Laissez-faire capitalist

One big problem..how can you force someone to purchase something so you can tax it?

Answer?


6 posted on 01/19/2011 4:55:20 PM PST by crz
[ Post Reply | Private Reply | To 1 | View Replies]

To: Laissez-faire capitalist

To begin with, the Federal government’s power to tax and regulate is not indefinite; else our Founders would not have created a Republic but a despotism of the kind from which they sought refuge. But moreover, there is no Federal power to force a person, as a condition of citizenship to purchase a product or service they do not desire to buy or own. To hold otherwise is to admit to a preference for servitude, which, again is inimical to our nation’s founding principles.


7 posted on 01/19/2011 4:57:38 PM PST by andy58-in-nh (America does not need to be organized: it needs to be liberated.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Laissez-faire capitalist

Here’s what Thomas Jefferson said about the power to tax:

“To lay taxes to provide for the general welfare of the United States, that is to say, “to lay taxes for the purpose of providing for the general welfare.” For the laying of taxes is the power, and the general welfare the purpose for which the power is to be exercised. They are not to lay taxes ad libitum for any purpose they please; but only to pay the debts or provide for the welfare of the Union. In like manner, they are not to do anything they please to provide for the general welfare, but only to lay taxes for that purpose. To consider the latter phrase, not as describing the purpose of the first, but as giving a distinct and independent power to do any act they please, which might be for the good of the Union, would render all the preceding and subsequent enumerations of power completely useless.

“It would reduce the whole instrument to a single phrase, that of instituting a Congress with power to do whatever would be for the good of the United States; and, as they would be the sole judges of the good or evil, it would be also a power to do whatever evil they please.

“It is an established rule of construction where a phrase will bear either of two meanings, to give it that which will allow some meaning to the other parts of the instrument, and not that which would render all the others useless. Certainly no such universal power was meant to be given them. It was intended to lace them up straitly within the enumerated powers, and those without which, as means, these powers could not be carried into effect.”


8 posted on 01/19/2011 5:05:34 PM PST by dajeeps
[ Post Reply | Private Reply | To 1 | View Replies]

To: andy58-in-nh

More importantly, and a fact that is completely ignored by Democrats, is that we didn’t want this!It is obvious they don’t care, and this is really the crux of the issue. It doesn’t matter what they think they can do by twisting words and phrases, if we tell them no, they need to learn to accept that.


9 posted on 01/19/2011 5:11:12 PM PST by cbvanb
[ Post Reply | Private Reply | To 7 | View Replies]

To: crz

You can’t.

Dems have not proven that just because the Constitution gives Congress the power to tax commerce, that they therefore have the power to force people to engage in commerce so that they can tax said commerce.


10 posted on 01/19/2011 5:11:28 PM PST by Laissez-faire capitalist
[ Post Reply | Private Reply | To 6 | View Replies]

To: cbvanb

Whether they wanted to do it or not, they have no power under our Constitution to do so. Let them try to enforce it, and see what happens.


11 posted on 01/19/2011 5:17:24 PM PST by andy58-in-nh (America does not need to be organized: it needs to be liberated.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Laissez-faire capitalist
Yes, Congress has the power to tax, but the Constitution also clearly states that ALL REVENUE BILLS MUST ORIGINATE in the House of Representatives, which 0bamaCare did not.
12 posted on 01/19/2011 5:28:41 PM PST by reg45
[ Post Reply | Private Reply | To 1 | View Replies]

To: andy58-in-nh
But moreover, there is no Federal power to force a person, as a condition of citizenship to purchase a product or service they do not desire to buy or own. To hold otherwise is to admit to a preference for servitude, which, again is inimical to our nation’s founding principles.

I would add two additional comments. (1) Only citizens would be forced into this servitude; aliens will be given the service for free. (2) A seldom visited item: This is a two-part plan. The first is to force all citizens to purchase the service; the second is to selectively reduce the price for favored groups to near zero.

The second item is rarely discussed; it amounts to servitude of the first group to the second. It is also the sort of monopolistic behavior (sole supplier with ability to charge each purchaser whatever price it desires) that the government has legislated and over-regulated against in the private sector for a century. OK when they do it. And then there's the equal protection issues....

13 posted on 01/20/2011 5:43:56 AM PST by Pearls Before Swine (/s, in case you need to ask)
[ Post Reply | Private Reply | To 7 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson