Skip to comments.Chief Justice John Roberts gives Obama and Democrats a Trojan Horse
Posted on 06/30/2012 11:51:37 PM PDT by SincerelyAmanda
After wounding socialism, why didnt Roberts go for the glory and slay Obamacare while he could? Chief Justice stepped aside to let We the People do the honors.
(Excerpt) Read more at communities.washingtontimes.com ...
I think Roberts doesn’t want the Supreme Court to be the arbiter of the laws of the land. That would be the implication of his ruling. That is the Founder’s intents when they created the Supreme Court.
Congress is supposed to decide these things, not the Supreme Court.
Read and study it.
This is the ;largest rope a dope in the history of mankind.
“They fail to realize that the sparks and flickering they see is Roberts trapping them in a ring of fire.”
EXCELLENT FIRST POST.
Oh bull honey...
so why do we even have a supreme court if they’re just a rubber stamp?
Welcome to Free Republic.
With that in mind, here's what I think of this idiotic nonsense:
Legal Jedi-Master-Super-Genius John RobertsTM explains it all:
And a REAL Conservative's take on all those Beltway pundits suffering from Battered Conservative SyndromeTM who can't bring themselves to admit to that they've just gotten the Full Sandusky (slapping sounds and all):
Please. PLEASE. PUH-LEASE stop posting this imbecilic nonsense about John Roberts' incredible sleight of hand: It isn't even entertaining as humor.
John Mccain view Senators as rubber stamp to the Executive (for picking judges). So why do we have 3 branches of government again?
But since the PPACA advocates scarcely read their own piece of legislation, they probably didnt read Roberts opinion either. In mob-mentality fashion, they see that four of their own kind appeared in the majority vote plus the word upheld and rejoice that the highest court in the land has put conservative opposition to flames.
You sound somewhat in your article like me here...Time and a better, closer reading of the decision should help everyone form a better conclusion.
However, as you rightly noted, they probably didn't bother reading the decision.
Related from Friday Ping, Twink.
Can we all stop grasping at this straw?
"We the People" elected this socialist turd in the first place. If Roberts had some brilliant, master plan that involved the voters saving the day, he's a dufus.
Trojan Horse? Imagine the Bills coming out of any would-be Socialist dominated House or Senate from now on.. The Socialists will be empowered by this decision to go rogue on America worse than they already have. Not unlike the Caliphate since Obama’s taken office. Roberts failed to enforce the Constitution, plain and simple.
I just can't, however, imagine a potential would-be Socialist dominated House or Senate openly and honestly stating that they were passing a tax bill...just like with that PoS bill that got passed into law and is being hung around their necks.
it was ronerts sworn duty to slay the dragon and he did not, he ran away...
I’m sorry but re-writing a bill from the bench is just as grievous as legislating from the bench.
Interesting read, thanks for posting.
Here is the syllabus...
What, in your opinion, was "rewritten" from the bench?
But, since you ask, with the kind copyright waiver permission of Fred Zarguna (me) I present to you a thoughtful demolition of her Bonfire of Inanities which I wrote on the morning of the putative "decision" and posted on this very web site in response to WaPo writer George Will. [The current blogger's take is not substantially different from his.]
Attempts by Sophists such as Will to spin this into a "win" are nearly as amateurish, silly, ill-reasoned and internally inconsistent as Roberts' opinion for the Majority.
The decision is predicated upon a notion that the authority to tax may be based on nothing more than Congress' Constitutional authority to tax under the first article of the Constitution. However, the authority itself derives from a requirement that Congress may only raise taxes to achieve what is "necessary and proper" in the pursuit of its specifically enumerated powers. This is made clear in Article I, which adds a further requirement: that the enumerated powers are further restricted to only those things which promote the "general welfare."
Example: Congress is granted the specific authority to create post offices. Therefore, it may raise taxes to obtain that effect (necessary and proper) but it may not create a post office just for the benefit of Fred Zarguna (because it would be solely for my benefit and a few of my friends, and would not promote the general welfare of the United States.)
Therefore, it was incumbent upon proponents of this law to place their finger upon some part of the Constitution wherein an authority to regulate health insurance companies was granted. Grasping at a legal straw, the liberals reverted to an old favorite: the Commerce Clause. But the Court ridiculed that notion, and Roberts himself made it clear that theauthority for the mandate could not come from that source. Nor could it come from the "necessary and proper" advancement of the whole act, as again, Roberts himself argued.
But now, we have a FAR larger problem than we had before, because Roberts -- writing on behalf of his liberal majority -- has claimed that the authority to tax for any purpose whatsoever is contained in the Constitution, a laughable position that even the most rabid liberal has never (until now) advanced as a legal theory. The argument is either circular (you have the authority to tax because taxation itself is necessary and proper) or advances a claim concerning implied powers under general welfare which has never before been proposed.
In effect, all restrictions on the legislative power have been swept away by this decision. Any law is now Constitutional provided only that a fine, penalty or tax is imposed.
Yes, it's that bad. But it actually gets worse...
Because hitherto, the Court would not even have granted Cert in a tax case until someone with standing came forward to challenge the law. In fact, the Court could not do so even if it wanted to, because of the Anti-Injunction Act, and no one will actually be "taxed" by the mandate until 2014. In the instant case, the Court has used thoroughly tortured logic to claim that: 1) Even though the mandate is a tax 2) the AIA doesn't apply, because Congress did not believe it was a tax when it was passed.
That's right, the majority has not only destroyed the concept of limited government with this ruling, but the Court itself actually broke the law in even allowing the case to be heard.
But wait, it gets even worse...
Because Roberts' opinion also holds that even though the "tax" is not the kind of tax permitted in the first article of the Constitution, and even though the "tax" is also not a tax on incomes covered by Amendment XVI, it is a valid tax (of what kind he does not say) and the existing case law already permits it.
This is an entirely new doctrine: preemptive Constitutionality. No Court has ever ruled in the past that the provisions of a law which as yet affects no one is Constitutional/Unconstitutional. Roberts' opinion signals exactly that. (See my previous posts for a quote from the majority.)
Bottom line: this is the Dred Scott/Roe v. Wade of the 21st Century. June 28th, 2012: A date which shall live in Infamy.
It's really that bad.
Consider yourself answered. And consider your blog-pimping friend answered as well.
John Roberts as jujitsu super master. This is the most breathtakingly moronic piece of desperately wishful thinking modern conservativism has ever engaged in. It hurts to watch it.
Great article. Thank you.
...it is a valid tax (of what kind he does not say) and the existing case law already permits it.
Perhaps an excise tax?
What's that old liberal cry...Tax the rich!
Well, follow the links on this and be even more horrified that serious consideration is being given to this piece of drivel.
A twenty-something, home-schooled blogger, who just finished ONE course in Constitutional Law, “prayed about” this decision and was handed this conclusion (by God apparently).
Wow! Too bad John Roberts didn’t know about all this good he did. If he did he could come back from hiding on that island he said he’s going to.
Yes, but the Supreme Court is suppose to strike down bad laws, and this is a bad law.
Arbitrary and capricious is how the appeals court described the Arizona law and Scotus agreed. This despite that law went through the committee process, had floor debates, etc.
OTOH, Obama was written in the dark of night by Marxists moles, without hearings, no floor debate, and not a single rank and file Congressman or Senator even knew what it contained.
So which law was arbitrary and capricious? A pox on Scotus and ‘F all rats.
Capitation! Now here’s a starting point for a new look.
Had Obamacare merely established an annual tax of $2,300 on every citizen of whatever age and then provided a waiver upon presenting a current receipt for paid health care insurance premium, it would have been much simpler.
Also, such a straightforward approach would have doomed Obamacare from the get-go. It’s a tax.
The Dems needed their chicanery to get the bill “deemed” into law.
Did he have to use a lie, that this is a tax, to effect it?
The way I see it, Roberts has made this year’s election a referendum on ObamaCare. If people want to get rid of it, they have to vote against it. Since it’s framed as tax, it’s quite unlikely it’s gonna return soon if it’s repealed.
Very good read. I have already posted here that I think that Chief Justice Roberts did a very brave thing, something rarely seen in public service today.
What role do judicial clerks play in judges decisions?
Could they not sway an opinion by editing via omission case and precedent research?
How come when Roberts votes with the Conservative side he is a brilliant Constitutionalist?
This man was put on the bench because of his constitutional knowledge. If anything, of the 9, he might have been the only justice that actually looked at this rather than playing politics with it.
I fon’t agree with his decision. But that’s what it is. Now go to the voting booth, elect the Republican and have this changed by the will of the people.
Then when the RATS sue, which they will, SCOTUS can tell them to piss up a rope. And it would be 9-0.
1. Elect solid majorities in all three branches.
2. Repeal ACA before the freshmen succumb to the Beltway.
3. Constitutional amendment to clarify Congress’ power to tax, i.e., negate the effect of Roberts’ Rule.
4. Then, and only then, has We the People taken the helm.
Otherwise, Roberts has sunk the Republic.
Roberts never said any such thing. He said that it wasn’t his job to define what is, and what is not a sh*t sandwich. He reminded us that that duty belongs to those of us who vote.
What’s the matter, are you too lazy or too self absorbed to vote these criminals out on their asses?
Let’s try something different this year, instead of just going to the polls and casting your vote, this time try to find at least one person who doesn’t normally participate, and make sure that they do this time. Get them registered, drive them to the polls, talk to them as you should talk to your neighbors so they understand your point of view. Try to make them understand that this November will be the only opportunity we will have to get rid of this monster by electing people to the House, the Senate, and the White House who will make this their first priority as soon as they are sworn in.
I don’t know his reasoning any more than anyone else does, but he stuck it in us-——deep.
I respectfully submit that you know not of what you speak.
It was the Court’s sworn duty to determine if the law was constitutional. They did that.
What an excellent article. Even if one doesn’t agree with Roberts, as I don’t (although I’m still chewing on all this stuff), you’ve done a great job of answering the question: just what the hell was he thinking?
And you’re just some kid in college? Wow, let’s hear it for bright futures.
No one who understands the lawless and evil nature of the curse which occupies the federal government had even a fleeting delusion that Thursday's ruling would be the "end of the story". Either Amanda and her self-contained bubble of Beltway intelligensia haven't the slightest clue what this country is truly up against, or they've made a pact with it.
I didn't think the smarter-than-you crowd could top itself after Egypt. I was wrong.
DING! Winner. The founding fathers created a framework for the Supreme Court, and Roberts FAILED to follow it!
The entire purpose of the USSC is to evaluate the laws that Congress passes and the President signs as written and passed against the Constitution.
The USSC takes the law as written and puts it up against the Constitution to determine whether or not the law is in agreement with, or violates the Constitution.
This is exactly where Roberts failed, and why the true Conservatives on the court expressed their own outrage in their dissenting opinion!
The role of the US Supreme Court has never been to re-write any law period. Yet, that is what Roberts and the liberals on the court did. They re-wrote the law to fit their needs in order to make it Constitutional.
Now, any talk about Roberts giving Conservatives a "gift" is complete, unadulterated bullshit and any talk of such is simply falling into the liberal lamestream media trap.
I'm frankly shocked to see so many on here falling for it.
I would rather the USSC have done it's job and let the political fallout land where it may than Chief Justice Roberts abscond his responsibilities via seeking approval of the lamestream media by attempting to de-politicize the court.
Roberts committed an act of cowardice not courage!
Now here are the hurdles we have to overcome this November:
1. Elect Romney. Like it or not, that's what we must do.
2. Turn the Senate over, giving Republican's at least 51 votes. 51 is the important number here since it takes 51 votes to over-turn any TAX in the Senate.
3. Keep the House of Representatives in Republican hands, and I'd say REPLACE BOEHNER as Speaker. I don't care that he's scheduling a symbolic vote (and let's face it, that's what it is) the week of July 9th. When it comes to repealing Obamacare, I doubt he has the backbone.
4. Pass legislation in the House & Senate to repeal Obamacare. There can be NO EXCUSES accepted from the Republican's if they have both houses of Congress and the White House. Once again, the Stupid Party has a way of snatching defeat from the jaws of victory, it is on all of us to put intense pressure on the Republican's to keep their word.
5. Romney must sign the bill, putting it into Law. Again, intense pressure required to force him to do it.
6. Finally, anyone who doesn't believe that repealing Obamacare won't face a court challenge is serioulsy kidding themselves. Once 'benefits' start flowing, Obamacare will be impossible to repeal. Historically, the USSC has ruled that once benefits stop flowing, Congress simply can't "turn them off" .. this is exactly what the USSC did with Social Security.
This is the burden that Chief Justice Roberts put on each and every one of us, because he was too much of a COWARD to actually do his job.
Are we up to the task? Lord I sure hope so. I personally wrote my first political campaign contribution check in many years the day Obamacare was ruled Constitutional by this cowardly Supreme Court. Much as I hated donating to the Romney campaign, I wrote the check for the max individual amount and sent it in. I then signed up to help the campaign here locally and now have a bunch of signs to distribute.
Don't get me wrong: I don't like Romney. He wasn't my second, third, fourth or even fifth choice. This is however the hand we've been dealt, and I'd kick myself if I didn't do everything I personally could to remove and replace Obama and ObamaCare.
One last thing: We all know Obamacare implements the largest tax increase in the history of Civilization. I have stopped referring to it as "Obamacare." I now call it the OSHIT TAX.
Obama Supremes Health Insurance Tax.
When American's wake up after Labor day, that's exactly what they're going to be saying when they realize how much their taxes are going up due to the Bush Tax Cuts expiring and the OSHIT taxes kick in.
God Save America.
Correct, the Roberts Court just created a highway for congress to stick it to us and the repubs try to spin it like the highway is one way only. He took an unconstitutional bill, approved it and handed the power to Congress to force us to buy anything as long as it is a tax. Even if the election is won by repubs...think that will last forever? What items would the Repubs decide I should have to pay for? Chevy Volts? Rubbers? Roberts took the cowards way out and will never live this down. A pox on him.
What, in your opinion, was "rewritten" from the bench?Congress did not vote to pass a tax bill.
If it had been considered a tax bill, it's doubtful it would have ever made it out of committee. It certainly would never had been passed. And the courts would have refused to hear the case until the taxes began being applied.
He re-wrote the bill.
It should be noted that Elrond and the nation he lead ended up leaving Middle Earth.
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