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The Other Pending Case against Our Dictator (Vanity)
2/27/1015 | A Navy Vet

Posted on 02/27/2015 3:20:28 PM PST by A Navy Vet

Good news that the House stood strong on the DHS bill. We'll see what happens next - the fight is just beginning. While no small issue, there is one even more important.

That is, the lawsuit of 36 States against the ACA regarding subsidies for States who didn't set up their own exchanges. It specifically says in Obamacare that their citizens will NOT receive subsidies. This will determine if our Supreme Court is just or just us on our own.

Justice Roberts is going to have to do back flips to sustain such an unambiguous clause.


TOPICS: Health/Medicine; Society
KEYWORDS: health; obamacare
While USSC Roberts bought into the ACA penalty being a tax, one good thing came out of that decision. The Fedgov CANNOT use the "Commerce Clause" to reduce Fedgov re-imbursement of taxes if the States refuse to increase Medi-Care. That was a huge win for States' rights.
1 posted on 02/27/2015 3:20:28 PM PST by A Navy Vet
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To: A Navy Vet
A point of order, Obama is a tyrant, not a dictator. They are not synonymous.
2 posted on 02/27/2015 3:22:18 PM PST by Jacquerie (Article V. If not now, when?)
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To: A Navy Vet
As a proponent of States' Rights for many years, if the USSC can't see that Obama over-stepped his authority in his "memo" for temporary Amnesty, and can't read the simple language regarding the ACA rules, I say the following:

States' Rights nullification under the 9th and 10 Amendments.

Let the Governors declare they won't follow such unConstitutional edicts, as they are now in lawsuits. What's the Fedgov going to do? Send the National Guard to enforce by threat of death? Hardly.

Does anyone really believe that in this day anyone has the stomach for a civil war initiated by the Fedgov against States' Rights? The States can just say NO and get on with their own business. The Fedgov socialist/commies would just whine, but yet neutered.

3 posted on 02/27/2015 3:41:41 PM PST by A Navy Vet (An Oath is Forever)
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To: A Navy Vet

They also cannot unfairly or unevenly use taxes.


4 posted on 02/27/2015 3:46:46 PM PST by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: Vendome

The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States.


5 posted on 02/27/2015 3:50:34 PM PST by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: Jacquerie
You want to split hairs? Okay, you're right and I'm wrong. Obama has yet to become dictator according to Websters. However, he is tyrannical in his usurption of [States's] sovereignty, not to mention the intent of the Constitution.

Care to address the point of the article about States' Rights and their redress and/or nullification?

6 posted on 02/27/2015 4:13:10 PM PST by A Navy Vet (An Oath is Forever)
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To: Jacquerie

He’s acting as if he is, as if there are no other branches of government. I think he is in pre-dictator mode, much like Hitler in 1933.


7 posted on 02/27/2015 8:52:27 PM PST by Hardens Hollow (Formerly yorkiemom. Couldn't find Galt's Gulch, so created our Harden's Hollow. Create your own!)
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To: A Navy Vet
Does anyone really believe that in this day anyone has the stomach for a civil war initiated by the Fedgov against States' Rights?

A few non-reasoning Freeps actually do believe that. I've debated with several who are convinced that fedzilla would unleash the full might of the U.S. military upon any state that chose to peacefully secede from the union.

This, despite the fact that dozens of new countries have formed since the end of WWII through means of peaceful secession.

No, for some reason, the U.S. is one of the only countries on earth that would break with modern convention, and attempt to subjugate a people through force, who have chosen to form their own nation.

8 posted on 02/27/2015 10:33:07 PM PST 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've debated with several who are convinced that fedzilla would unleash the full might of the U.S. military upon any state that chose to peacefully secede from the union."

I'm not talking secession. I'm talking about the States just ignoring Executive "memo's and Judicial law-making through nullification. If the 36 States don't prevail in their lawsuit against Obamacare illegal subsidies, then they can just ignore the judicial ruling, much like Obamba does. Who is going to force 36 States to comply? The National Guard? I doubt it.

The only recourse the Fedgov has is to withhold the distribution of tax receipts back to the States, which the States could refuse to forward to the Fedgov leviathan. States' rights are building and I believe this is our last hope if they stand strong.

9 posted on 02/27/2015 11:44:52 PM PST by A Navy Vet (An Oath is Forever)
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To: A Navy Vet
I'm not talking secession. I'm talking about the States just ignoring Executive "memo's and Judicial law-making through nullification.

Understood. I was just making a point about some people's insistence that fedzilla would inflict war or use military force against its own citizens over a civil matter. I just astounds me that anyone posting here would believe such a thing in this day and age.

If the 36 States don't prevail in their lawsuit against Obamacare illegal subsidies, then they can just ignore the judicial ruling, much like Obamba does. Who is going to force 36 States to comply? The National Guard? I doubt it.

Your reasoning is airtight. If 36 states stood together and told the federal government to shove it, not a damn thing would happen. They would have successfully called Obama's bluff. He can't, and won't even attempt to bring over half the states under his dictatorial thumb by means of brute force.

He must depend upon the American people's adherence to the rule of law and respect for authority to force his will upon us. If he pushes beyond the point of our endurance to withstand his demands, then all bets will be off.

States' rights are building and I believe this is our last hope if they stand strong.

Even if the Supreme Court somehow twists the clear meaning of the statute and sides with Obama, I predict that most of the states who've signed onto the lawsuit will balk. Even if only a few do, Obama will be faced with what to do about it. I don't see any clear path to victory for him if even a few states stand up and say, "No".

10 posted on 02/28/2015 12:20:08 AM PST by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: Hardens Hollow; A Navy Vet
Classic dictators were granted enormous power for a short time to address specific emergencies that slow moving free republics are incapable of dealing with. Rome famously appointed a couple to fight powerful neighbors. Dictators don't destroy the republic they serve. During the revolutionary war, George Washington and later Thomas Nelson of VA were granted dictatorial power to deal with specific, local threats posed by the British. Since their actions didn't harm republican government, little is known of them today.

OTOH, when corrupt republics are in their final days, a tyrant may emerge. The powers of tyrants have no time limit. Tyrants are outlaws hostile to republican freedom. Tyrants assume, grasp, and otherwise illegally seize powers that don’t belong to them. They either destroy republican institutions outright, or like Obama, they squeeze the neck of institutions like congress that stand in their way. In time, once free institutions are compromised and become docile, subservient rubber stamps to the will of the tyrant.

We technically have a constitution, yet for practical purposes we don't, not because of a dictator, but because congress has unconstitutionally relinquished power which has subsequently swirled into the hands of an appreciative tyrant, Obama.

11 posted on 02/28/2015 2:02:34 AM PST by Jacquerie (Article V. If not now, when?)
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To: Windflier

One of Mark Levin’s Liberty Amendments is to empower the states, by three fifths vote, to override congressional statutes, executive regulations or judicial decisions.

Of course, we wouldn’t be having this discussion in the first place, nor would we stand at the edge of outright tyranny if the states didn’t boot themselves from the senate in 1913.

It is why an Article V convention to propose structural amendments is essential.


12 posted on 02/28/2015 2:17:52 AM PST by Jacquerie (Article V. If not now, when?)
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To: Jacquerie

Thanks for the history lesson. My remembrance of things long past is sketchy. I know more about ‘recent’ events. Hitler and Stalin weren’t dictators in the mild you mentioned. Although their initial goal was to gain their country’s massive amounts of power and land, they ended up harming them - and being tyrants.

I think Obama is more of their mold, since he believes in fascism and communism. Those political ideologies are a fairly new concept.


13 posted on 02/28/2015 5:47:35 AM PST by Hardens Hollow (Formerly yorkiemom. Couldn't find Galt's Gulch, so created our Harden's Hollow. Create your own!)
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To: Jacquerie
...an Article V convention to propose structural amendments is essential.

I very much agree.

We've reached a point in the aging process of our nation, where the central government now operates in a fashion directly opposed to, and completely contradictory, to the bedrock principles underlying our very founding.

We either correct course using the tools devised by the Framers, or risk the very worst sort of outcomes in the near future.

14 posted on 02/28/2015 12:19:31 PM PST by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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