Skip to comments.'1st draft of Articles of Impeachment' arrives
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 ...
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 Obamas 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 Congresss power to levy taxes.
The Affordable Care Acts 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 administrations 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.
I highly doubt anything is going to happen to Zero.
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.
Your surrender to the tyranny is duly noted.
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.
Grown men practicing,” magical thinking” is pathetic.
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.
Well, they got Al Capone on tax evasion...
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.
So what are you gonna do about it? Bitch about how 'all is lost' on Free Republic?
Lotta good that'll do.
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.
If you indict the Prez you really need to indict pretty much every cabinet department head, czar, and both houses of Congress.
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.
Forget it. I'm hoping Putin wins the next war. I took an oath to "preserve, protect and defend the Constitution..." not this kleptocracy.
You got a problem with that? I don't.
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.
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.
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.
I think more and more people are waking up to the fact that our political system is filled with criminals in business suits who need to be held accountable.
Like your comments on this thread, Windy.
Too much negativity and wringing of hands on FR these days.
If people do not take a stand now, they will not have a chance to in the future.
There is an end game going on now, and Ocare is the point of the spear.
I highly doubt anything is going to happen to Zero.
That's possible, but at the very least, if we try and fail, we'll be able to answer to Americans of the future who'll want to know why we didn't even bother to try to save our constitutional republic.
Congress is a mess, but my Congressman is pretty good, ever here that? That is why it is so hard to defeat an incumbent.
You get the same answer from parents about the school their kids attend, all the other schools are awful, but not the one their kids go to.
People are reluctant to face the reality of their circumstance, if their schools were as awful as all the rest, they would have to do something, and truth is they really don't want to. Same goes for the crook they keep sending back to DC.
Well AL Capone runs the IRS now!
I also say that zero will happen to Zer0. They don’t call Zer0 Barack the Magic Negro for nothing.
you ducked my question. i’d like a real answer.
Which is why we must, in addition, turn our attention to where we have the chance of forcing reform, an Article V amendment convention of the states.
> I highly doubt anything is going to happen to Zero.
Well Satan does have his back and things are going as foretold in the Revelation script...
> Well, they got Al Capone on tax evasion...
Yeah but he was white. Need I say more?
All I can say is that I fully understand 0’s reason for choosing Biden as his VP now...
...”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”...
This is the real problem, isn’t is? We talk and talk and never really become active in doing something to make a real difference. I include myself in that.
“we all wish and pray hed be impeached and removed”
NO WE do not......
Arrest, tried for treason and if convicted hung by the neck until dead.
That is my wish. This traitor is destroying OUR country piece by piece and impeachment is for small things not for the things that I feel he has done to our country.
No impeachment is too light of a punishment.
NSA....put this on your server and I await your next visit....
Especially when no viable political opposition exists.
Our elections are like a puppet show. Every two and four years new puppets appear but the unseen puppet masters and the script remains the same yet the gullible masses press forth to watch the same old "New Play".
But, Obamacare was passed by Congress, not decreed by Obama. So, impeaching Obama over Obamacare is absurd.
Only about 1% of the politicians are replaced in each election cycle.
Don't flatter yourself. I didn't "duck" your question. Here...I'll even repeat it for you:
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.
I don't see it happening right now, given the current make-up of the House and Senate. In a better world, the partisan composition of those bodies wouldn't stop them from confronting the evidence of Obama's guilt, and using their power to remove him from office.
Still, it's fit and proper to bring Obama's malfeasance to the public's attention. It's the right thing to do, to object to his behavior loudly, and on as many channels as possible. We may not achieve his impeachment in the next three years, but by vigorously pursuing it, we may just stop his terrible agenda in its tracks.
You're misunderstanding the charges, if you think people are trying to impeach Obama over the passage of Obamacare.
Obama has violated his oath of office and the law with his imperial handling of Obamacare (and a host of other laws). It's these violations of our laws and the Constitution that he's guilty of, and for which he should be removed from office.
In my opinion, such talk is demoralizing and toxic. It's an infectious poison that does real harm to the group morale and to our individual resolve to fight back against what's happening to us.
If people feel that down about the situation, they ought to keep it to themselves, or seek solace and comfort in private with friends and family. Don't go spreading such doom and gloom amongst the troops.
If people do not take a stand now, they will not have a chance to in the future.
Indeed. We could win this thing now by just assembling in major protests across the country, but that window won't stay open for long. Those now in power are redefining patriotism and love of country to mean 'domestic terrorism'. Such definitions are now appearing in official government literature and guidelines for federal agencies, including the military.
People here had better take a cold hard look at what that means. They're watching the rapid transformation of our government into an iron fisted, totalitarian oligarchy, that appears to be poised to stomp out every liberty this country was founded upon.
I think you're right. There's no doubt that this administration has alarmed the public like no administration in our history. Never have we seen a president and a cast of government characters trample on our God-given liberties and our Founding Ideals in such an overt and continuing fashion.
They've frightened millions of Americans out of their wits, and have caused the very reactions they're now condemning.
Don't like gun proliferation?
Then stop threatening our right to keep and bear arms.
Don't like having your sordid behavior talked about on talk radio and in the blogs?
Then stop violating the Constitution and our laws.
Don't like the existence of the Tea Party?
Then realize that you have NO authority or right to undo 238 years of American history or to "fundamentally transform" this country, and that you are legally BOUND to uphold our laws and our Constitution, and to defend our way of life!
well of course it’s proper to report and catalog his malfeasance.
your explanation of why it will not occur is exactly the same explanation of mine why it won’t occur right now.
your explanation of why it won’t happen right now is another way of saying exactly what the guy you ripped on, said. he never said we shouldn’t keep bringing what he’s done that deserves impeachment up. He knows, as you know, as I know, that with the current batch of republicans in leadership, and the makeup of the congress (senate) it will not happen. sadly.
He never said that just because reality is it can’t happen NOW doesn’t mean he’s given up the fight. YOU know it can’t happen now and you haven’t. HE knows it can’t happen now but his comment didn’t indicate he’s not for still exposing Obama’s acts.
He just said “I highly doubt anything will happen to Obama.” You just said right now impeachment won’t happen either, that there is no way currently to make this happen. You go of to talk about Imaginationland where politicians overcome their partisanship and impeach Obama. That’s not what I asked but you supplied your dream scenario (which is really, all of ours) anyway. I think you really just read too much into a one-sentence statement and projected that this meant the guy who was making a comment about the current reality - which is the same view you hold - you somehow construed this to mean he was waving a white flag.
And he wasn’t. He’s commenting about the current reality. I asked you given the current reality how do you impeach Obama? You said it won’t be done. Your answer is a more certain form of the guy you ripped on (highly doubt versus I don’t see it happening) yet this guy in your mind has “surrendered” and you haven’t.
You both have the same answer. Same as mine. Nobody has “surrendered” just because you recognize the same reality. Nobody said we shouldn’t keep exposing Obama and keeping a list of impeachable offenses.
Just err on the side of doubt and give the people here a little more charity than you might a liberal you’re debating against. It’s not all of us against them plus each other too.