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'1st draft of Articles of Impeachment' arrives
WND.com ^ | 27 August 2013 | Unattributed

Posted on 08/28/2013 10:34:37 PM PDT by Windflier

Obamacare 'illegally bypasses Congress, unauthorized IRS power-grab'

Obamacare not only is unconstitutional, it illegally bypasses Congress, infringes on states’ rights and marks an unprecedented and unauthorized expansion of Internal Revenue Service power, according to a brand-new book released today.

In “Impeachable Offenses: The Case to Remove Barack Obama from Office”, New York Times bestselling authors Aaron Klein and Brenda J. Elliott quote scholars and legal organizations contending Obamacare constitutes a clear case of “taxation without representation.”

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


TOPICS: Conspiracy; Reference
KEYWORDS: impeachment; obamacare
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“Impeachable Offenses” shows Obamacare may violate multiple sections of the Constitution.

While the Obama administration may argue the healthcare legislation was upheld by the Supreme Court, “Impeachable Offenses” reports the White House has been hard at work changing the implementation of key sections of Obamacare without congressional oversight.

Taxation without representation

One part of the Constitution that may be violated is Article 1 Section 9, which stipulates: “No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.”

The section is clarified in the Sixteenth Amendment: “The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.”

The Supreme Court ruled the health-care mandate under the legislation is a tax. However, according to experts cited in “Impeachable Offenses,” this tax does not satisfy any of the three types of valid constitutional taxes – income, excise or direct.

Write Klein and Elliott: “Because the penalty is not assessed on income, it is not a valid income tax. Because the penalty is not assessed uniformly or proportionately, and is triggered by economic inactivity, it is not a valid excise tax. Finally, because ObamaCare fails to apportion the tax among the states by population, it is not a valid direct tax.”

Despite Obama’s public statements that the individual mandate was not a tax, the Supreme Court ruled June 28, 2012, in a 5 to 4 vote, with conservative Chief Justice John Roberts siding with the majority, that the requirement that the majority of Americans obtain health insurance or pay a penalty was constitutional, authorized by Congress’s power to levy taxes.

“The Affordable Care Act’s requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax,” Roberts wrote in the majority opinion. “Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness.”

In a second 5 to 4 vote, again with Justice Roberts joining the majority, the court rejected the administration’s most vigorous argument in support of the law, that Congress held the power to regulate interstate commerce.

The Commerce Clause, the court ruled, did not apply.

However, Klein and Elliott document the White House has been changing the law without involving Congress following the Supreme Court ruling and that multiple sections of the implementation of Obamacare are unconstitutional.

1 posted on 08/28/2013 10:34:37 PM PDT by Windflier
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To: Windflier

I highly doubt anything is going to happen to Zero.


2 posted on 08/28/2013 10:36:06 PM PDT by Jack Hydrazine (I’m not a Republican, I'm a Conservative! Pubbies haven't been conservative since before T.R.)
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To: All

I highly suggest reading the rest of the article. It’s a scholarly and damning indictment of the current administration’s unconstitutional bypass of Congress, and sets the stage for bringing articles of impeachment against Obama.


3 posted on 08/28/2013 10:37:03 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: Jack Hydrazine
I highly doubt anything is going to happen to Zero.

Your surrender to the tyranny is duly noted.

4 posted on 08/28/2013 10:38:54 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: Windflier

If you look at all of the Presidents that have served, committed egregious acts against the Constitution, and have gotten away with it leads me to believe that the likelihood of him being held accountable for his actions is very slim.


5 posted on 08/28/2013 10:41:57 PM PDT by Jack Hydrazine (I’m not a Republican, I'm a Conservative! Pubbies haven't been conservative since before T.R.)
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To: Jack Hydrazine
If you look at all of the Presidents that have served, committed egregious acts against the Constitution, and have gotten away with it leads me to believe that the likelihood of him being held accountable for his actions is very slim.

If you surrender before the fight is even engaged, you've lost by default.

6 posted on 08/28/2013 10:48:38 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: Jack Hydrazine

Grown men practicing,” magical thinking” is pathetic.


7 posted on 08/28/2013 10:49:21 PM PDT by Blackirish (Forward Comrades!!!!!!!!!)
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To: Windflier

stating an opinion isn’t surrendering to tyranny. we all wish and pray he’d be impeached and removed. i would sincerely ask you, given the current republican leadership, and the existing house and senate makeup, how you would see getting this accomplished right now.


8 posted on 08/28/2013 10:49:23 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: Windflier

Well, they got Al Capone on tax evasion...


9 posted on 08/28/2013 10:52:42 PM PDT by CMB_polarization
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To: Windflier

Clinton got away with his crimes didn’t he?

Do you see the Pubbies with any backbone? They are just Dems in drag. This is all just for show.

Remember, Congress is a house full of Con-artists! It’s the perfect place for the District of Criminals.


10 posted on 08/28/2013 10:53:43 PM PDT by Jack Hydrazine (I’m not a Republican, I'm a Conservative! Pubbies haven't been conservative since before T.R.)
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To: Windflier
Obamacare affixes a financial penalty on Americans who fail to purchase health insurance in order to regulate behavior – regulatory powers not granted in the Constitution, documents “Impeachable Offenses.”

B T T T ! ! ! ©

11 posted on 08/28/2013 10:54:50 PM PDT by onyx (Please Support Free Republic - Donate Monthly! If you want on Sarah Palin's Ping List, Let Me know!)
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To: Jack Hydrazine
Clinton got away with his crimes didn’t he? Do you see the Pubbies with any backbone? They are just Dems in drag. This is all just for show.

So what are you gonna do about it? Bitch about how 'all is lost' on Free Republic?

Lotta good that'll do.

12 posted on 08/28/2013 10:58:46 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: Windflier
It could be that our best shot would be having the 2012 election declared invalid due to fraud and eligibility.

A good place to start would be a sense of the House resolution declaring it to be the opinion of the House of Representatives that Bork Obunga is not legally qualified to be president.

13 posted on 08/28/2013 11:02:43 PM PDT by varmintman
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To: Windflier

If you indict the Prez you really need to indict pretty much every cabinet department head, czar, and both houses of Congress.


14 posted on 08/28/2013 11:04:17 PM PDT by Jack Hydrazine (I’m not a Republican, I'm a Conservative! Pubbies haven't been conservative since before T.R.)
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To: Secret Agent Man
stating an opinion isn’t surrendering to tyranny.

No, but it does tend to sap the strength and fighting spirit of the troops when you've got a guy who sits around moaning day and night that you can't win.

Like Ted Cruz said on Rush today, "it becomes a self fulfilling prophecy."

The only way to stop this madness is to stand up and fight. Go wave a banner with an Overpasses group or work with your local Tea Party to elect patriots to Congress. Do something, for Pete's sake.

15 posted on 08/28/2013 11:06:50 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: Jack Hydrazine
Ask those worthless thugs on both sides of the aisle why Sandy Burglar is still on the street.

Forget it. I'm hoping Putin wins the next war. I took an oath to "preserve, protect and defend the Constitution..." not this kleptocracy.

16 posted on 08/28/2013 11:06:53 PM PDT by jonascord (Hurrah for the Bonny Blue Flag that bears a Single Star!)
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To: Jack Hydrazine
If you indict the Prez you really need to indict pretty much every cabinet department head, czar, and both houses of Congress.

You got a problem with that? I don't.

17 posted on 08/28/2013 11:07:36 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: Windflier

No, not at all. There needs to be a major house cleaning not seen since the beginning of written human history in ancient Sumer 6000 plus years ago.


18 posted on 08/28/2013 11:08:42 PM PDT by Jack Hydrazine (I’m not a Republican, I'm a Conservative! Pubbies haven't been conservative since before T.R.)
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To: Jack Hydrazine
There needs to be a major house cleaning not seen since the beginning of written human history in ancient Sumer 6000 plus years ago.

Funny, but if you even half mean it, you can help to save your country. You first must refuse to surrender or back down, in your heart and mind.

That's a very personal thing, and not everyone can do it, but that's what it takes to make a country or keep one.

19 posted on 08/28/2013 11:15:04 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: varmintman
A good place to start would be a sense of the House resolution declaring it to be the opinion of the House of Representatives that Bork Obunga is not legally qualified to be president.

There's a laundry list of crimes, usurpations, and violations of the Constitution and statute law that would make much better charges for impeachment.

This country is too chicken to impeach the man for being the imposter that he is.

20 posted on 08/28/2013 11:17:27 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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