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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
“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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To: Windflier

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.


21 posted on 08/28/2013 11:18:46 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

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.


22 posted on 08/28/2013 11:36:57 PM PDT by exit82 ("The Taliban is on the inside of the building" E. Nordstrom 10-10-12)
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To: Jack Hydrazine
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.

23 posted on 08/28/2013 11:48:01 PM PDT by Standing Wolf (No tyrant should ever be allowed to die of natural causes.)
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To: Jack Hydrazine
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.

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.

24 posted on 08/28/2013 11:54:10 PM PDT by itsahoot (It is not so much that history repeats, but that human nature does not change.)
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To: CMB_polarization

Well AL Capone runs the IRS now!


25 posted on 08/29/2013 12:10:51 AM PDT by rawcatslyentist (Jeremiah 50:32 "The arrogant one will stumble and fall ; / ?)
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To: Jack Hydrazine

I also say that zero will happen to Zer0. They don’t call Zer0 Barack the Magic Negro for nothing.


26 posted on 08/29/2013 12:28:59 AM PDT by jonrick46 (The opium of Communists: other people's money.)
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To: Windflier

you ducked my question. i’d like a real answer.


27 posted on 08/29/2013 1:26:14 AM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: Jack Hydrazine
It’s the perfect place for the District of Criminals.

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.

28 posted on 08/29/2013 1:29:40 AM PDT by Jacquerie (To restore the 10th Amendment, repeal the 17th.)
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To: Jack Hydrazine

> 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...


29 posted on 08/29/2013 2:48:20 AM PDT by jsanders2001
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To: CMB_polarization

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

Yeah but he was white. Need I say more?


30 posted on 08/29/2013 2:50:25 AM PDT by jsanders2001
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To: Jacquerie

All I can say is that I fully understand 0’s reason for choosing Biden as his VP now...


31 posted on 08/29/2013 2:57:26 AM PDT by jsanders2001
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To: Windflier

...”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.


32 posted on 08/29/2013 3:00:35 AM PDT by jazzlite (esat)
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To: Secret Agent Man; Windflier

“we all wish and pray he’d 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....


33 posted on 08/29/2013 4:20:22 AM PDT by eartick (Been to the line in the sand and liked it)
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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.

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".

34 posted on 08/29/2013 4:32:58 AM PDT by varon ( cum tyrannis para bellum)
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To: Excellence

srbfl


35 posted on 08/29/2013 5:23:27 AM PDT by Excellence (All your database are belong to us.)
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To: Windflier
I can't imagine anyone with a lower opinion of Obama than myself, nor anyone with a greater desire that he be removed from office.

But, Obamacare was passed by Congress, not decreed by Obama. So, impeaching Obama over Obamacare is absurd.

36 posted on 08/29/2013 5:27:16 AM PDT by Mister Da (The mark of a wise man is not what he knows, but what he knows he doesn't know!)
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To: itsahoot

Only about 1% of the politicians are replaced in each election cycle.


37 posted on 08/29/2013 6:01:00 AM 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
you ducked my question. i’d like a real answer.

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.

38 posted on 08/29/2013 8:40:47 AM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: Mister Da
Obamacare was passed by Congress, not decreed by Obama. So, impeaching Obama over Obamacare is absurd.

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.

39 posted on 08/29/2013 8:48:27 AM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: exit82
Too much negativity and wringing of hands on FR these days.

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.

40 posted on 08/29/2013 9:04:58 AM 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 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.

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!

41 posted on 08/29/2013 9:17:16 AM 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

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.


42 posted on 08/29/2013 9:55:22 AM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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