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Chief Justice Roberts gets tax decision WRONG, provides Congress with unlimited power
Coach is Right ^ | 6/29/2012 | Doug Book

Posted on 06/29/2012 9:00:59 AM PDT by Oldpuppymax

John Roberts is said to be quite concerned about the way in which history will view his tour of duty as Chief Justice of the Supreme Court. Well he doesn’t have to worry any longer, for his remarkable decision allowing Congress to impose a tax improperly and in a previously unconstitutional manner will secure his place in Court history for all time.

Very few—including Obama himself—believed the scheme of presenting the individual mandate penalty as a tax would pass constitutional muster. The DOJ included a “the penalty is actually a tax” argument in an ObamaCare brief to the Supreme Court, to be sure.

But that was a typical lawyers’ game of “throw everything against the wall and see if it will stick.” It was upon the Commerce Clause powers of congress—and to a lesser extent, the Necessary and Proper clause– that the DOJ and Solicitor General Donald Verrilli depended to convince the Court that the mandate was constitutional.

In fact, Obama himself told the American public that...

(Excerpt) Read more at coachisright.com ...


TOPICS: Government; Health/Medicine; Politics; Society
KEYWORDS: barackobama; johnroberts; obamacare; supremecourt

1 posted on 06/29/2012 9:01:10 AM PDT by Oldpuppymax
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To: Oldpuppymax

Yep. History will look at this decision the same it looks at Dred Scott


2 posted on 06/29/2012 9:04:28 AM PDT by circlecity
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To: Oldpuppymax

Seems like Roberts made it easier to overturn as soon as the tax is actually imposed, and challenged as an unconstitutional tax.


3 posted on 06/29/2012 9:12:45 AM PDT by DC Bound (http://www.facebook.com/coldquietcountry LIKE IT!)
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To: Oldpuppymax

The ObamaCare penalty is no more a tax than is a speeding ticket. The whole thing should have been struck down for what is was — an unconstitutional mandate.


4 posted on 06/29/2012 9:17:55 AM PDT by kevao
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To: Oldpuppymax

John Roberts is a blatant fool. He and the rest of the 4 sick judges have added their approval of the destruction of America. America will suffer for many years to come. America is now a communists controlled nation and there will be no rich to build business to hire. The middle class will be taxed and fined so heavy that they will be reduced to poverty as millions have been now. The poor feeders will eventually have their free stuff cut off. America may never recover.


5 posted on 06/29/2012 9:20:07 AM PDT by Logical me
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To: Logical me

Can anyone tell me where Roberts is going to be buried?

I want to start pissing on his grave right away. No reason to wait.

Maybe I should start a business. Send me your urine and I will pour it on Roberts’ grave.


6 posted on 06/29/2012 9:21:36 AM PDT by american_ranger
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To: Oldpuppymax

I really hate the way Roberts is being beaten up here. He really had no choice.

The mandate is a tax in the same way that being ineligible for a deduction is a tax.

Consider this: someone that refuses to pay for school will be penalized by being forced to pay more income tax because they are ineligible for the deduction. Can’t the extra tax required be considered a penalty for refusing to purchase an education?

The real shame is that only now are a large number of people waking up to the abuses of the income tax. For decades congress has been using the income tax to punish states for non-compliance. They take the money from citizens of a state, then hold the money hostage if a state doesn’t do what the federal government wishes.

Roberts did everyone a huge favor by making it plainly obvious that the income tax is a dangerous tool of the federal government.


7 posted on 06/29/2012 9:21:41 AM PDT by conservative sympathizer
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To: Logical me
The people who passed it today are saying its not a Tax?

Roberts your and Bush are idiots.

I never ever will vote for anyone that is related to a Bush.

8 posted on 06/29/2012 9:22:56 AM PDT by scooby321 (h tones)
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To: DC Bound

Regardless, I hope Roberts’ family and friends abandon him for allowing the government to STEAL the health care industry (1/6th of our economy) from the private sector. It seems everything 0bama touches turns to sh!t that we’re forced to eat. Thanks for growing the government MACHINE, Roberts. /s Won’t be long before we’re told what personal choices we MUST make or CANNOT make in order to get health insurance or health care. HOW CAN ANYONE SAY THIS IS CONSTITUTIONAL??? FUJR!!!


9 posted on 06/29/2012 9:26:13 AM PDT by GeorgeWashingtonsGhost
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To: DC Bound

Let’s hope this happens AFTER the Republicans take the Senate and House by a HUGE majority.


10 posted on 06/29/2012 9:29:33 AM PDT by GeorgeWashingtonsGhost
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To: Oldpuppymax

This article is on the money.

Roberts screwed the country over royally with his bizarre, tortured ruling yesterday.


11 posted on 06/29/2012 9:30:41 AM PDT by comebacknewt (Newt (sigh) what could have been . . .)
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To: conservative sympathizer

Roberts reasoning is unsound. He says it’s unconstitutional for the Congress to force me by law to buy a product. Yet it is perfectly constitutional for the Congress to coerce me through a punitive tax measure to do just that.

Am I to believe the authors of the Constitution — who were by no means fans of either government coercion or taxation! — framed the Constitution in such a way that there is no practical limit to Congress’ power to tax? Or rather, is it more likely that this perceived “unlimited” power of Congress to tax is pure bullsh!t, based on a gross distortion of original intent?


12 posted on 06/29/2012 9:34:19 AM PDT by kevao
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To: conservative sympathizer

You are correct...

The 16th amendment gives unspecified power to the congress to tax...

The congress got nothing extra or any added powers here.

In fact, they lost many of the powers they have used since roosevelt to institute socialism..

But, the good news is that they now have to call a spade a spade, and call a tax a tax... no more hiding the cost into unspecified mandates....


13 posted on 06/29/2012 9:38:22 AM PDT by joe fonebone (I am the 15%)
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To: Oldpuppymax

Chief Justice John Roberts is a coward. He was shaken by the verbal threats from Obama. Roberts found a convoluted way to give in to Obama. Roberts will have a legacy of cowardice under fire. He is no different than a military officer who surrenders to the enemy out of cowardice. He always, to me, had the look of a weak kneed SOB.


14 posted on 06/29/2012 9:45:25 AM PDT by Jukeman (God help us for we are deep in trouble.)
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To: Oldpuppymax

The Congress only has the power that WE give them, by putting them in office. We have the chance, every two years, to rectify our mistakes. I believe this was the crux of Roberts’ decision. It is up to US to reverse Obamacare, by electing enough Representatives and Senators to do what WE want them to do.


15 posted on 06/29/2012 9:52:29 AM PDT by SuziQ
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To: conservative sympathizer
I disagree with your analysis based on that pesky thing called the 'big picture'. 0bamacare VIOLATES our personal liberties. Unlike Social Security, Income Tax, Medicaid, etc., Obamacare forces us into COMMERCE and penalizes us if we don't engage. This is not merely about us sending a check or getting a check, IT REGULATES OUR PERSONAL AND PHYSICAL ACTIVITY which is UNCONSTITUTIONAL.

The 'tax' aspect of 0bamacare is the LEAST of the issues surrounding it's Constitutionality. Seems everyone got caught up in the 'tax' aspect. What about if someone doesn't want health insurance? It once was their right NOT to! Not anymore!

What about 0bama granting WAIVERS unilaterally and without Congress' approval? He's issued over 1,200 WAIVERS! Where's the legal authority for that? King Obama determines by himself who does or doesn't have to abide by the law? Is that not Unconstitutional?

I am SICK of the deceitful PIGS on the left. They played this as a game in their usual DECEITFUL way.. When in Congress Obamacare wasn't a TAX, now it's a TAX. Voila!, and they knew it all along.. BASTARDS.

And screw you, Roberts for allowing our government to HIJACK 1/6TH OF OUR ECONOMY AWAY FROM THE PEOPLE! UNCONSTITUTIONAL!

16 posted on 06/29/2012 9:52:52 AM PDT by GeorgeWashingtonsGhost
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To: conservative sympathizer
I really hate the way Roberts is being beaten up here. He really had no choice.

Please go and download Mark Levin's show from yesterday. He is a brilliant legal Constitutional scholar. He said clearly there is no silver lining in this ruling. Roberts is a very evil man. I have utter contempt for this vile scum.

Roberts did everyone a huge favor by making it plainly obvious that the income tax is a dangerous tool of the federal government.

Duh! 48% of Americans pay no income tax. There is a large segment of Americans who would willingly vote to steal the earnings of others.

Anyone who works knows the evils of taxes.

Roberts is a very evil man who willingly and knowingly gave the corrupt Federal government justification for more control over our Liberties.

Roberts voted to increase the power of the State over the individual.

17 posted on 06/29/2012 10:01:29 AM PDT by sand88
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To: Logical me

Roberts is not a fool. He is the most brilliant judge on the bench, but he caved. The question we should all be asking, is why?


18 posted on 06/29/2012 10:05:49 AM PDT by NotTallTex
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To: Jukeman

There is probably something in his past that he doesn’t want everyone to know about, and Obama/Holder threatened to release that FBI file if he didn’t see things their way.


19 posted on 06/29/2012 10:15:02 AM PDT by GeorgeWashingtonsGhost
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To: DC Bound

No, he didn’t. There’s a brief part of his opinion that holds the tax does not violate the apportionment clause and is legal under the internal revenue code, essentially because it’s imposed and collected as a part of that code. It’s a truly sloppy, intellectually indefensible pat of the opinion, and it’s there.


20 posted on 06/29/2012 10:22:37 AM PDT by libstripper
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To: Oldpuppymax

I don’t know about Roberts’ motivations but I think his ruling’s effect is to strip away the whole “tax is not a tax, its a fee” strategy that congress uses to try to raise taxes on the US populace for a whole lot of other reasons...”on the sly”. You go to a National park, you aren’t paying a “fee”...you are paying a usage tax. The “penalty” one will pay if not insured is really a “per head tax”. It strips away all of the Orwellian “newspeak” and defines Obamacare for what it truly is...a massive tax and spend scheme!


21 posted on 06/29/2012 10:43:14 AM PDT by mdmathis6 (Not left wing! Not right wing! But....CHRIST WING!)
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To: mdmathis6; Oldpuppymax

I also notice that Roberts, after initially getting a lot of praise from the left, is starting to receive more flak from leftist sources as they have had time to realize just what effects Roberts’ ruling had on the commerce clause. The commerce clause has been the favorite fulcrum that the left likes to use to leverage very bad, otherwise unconstitutional, legislation onto the American populace. Roberts’s ruling has now put a major dent on such future strategies!


22 posted on 06/29/2012 10:56:25 AM PDT by mdmathis6 (Not left wing! Not right wing! But....CHRIST WING!)
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To: american_ranger

Saving most of mine for Jane Fonda, but maybe I will have some left.


23 posted on 06/29/2012 11:10:16 AM PDT by Venturer
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To: GeorgeWashingtonsGhost

My wife brought the same thing up to me. Might well be true.


24 posted on 06/29/2012 2:45:40 PM PDT by Jukeman (God help us for we are deep in trouble.)
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