Skip to comments.Supreme Court Rewrites ObamaCare; Rules Individual Mandate Is Permissible Tax
Posted on 06/28/2012 5:34:54 PM PDT by ScottfromNJ
Simply put, Congress may tax and spend. With those historic words, the Supreme Court forced upon the United States a bleak dawn of a brave new world in which the federal government cannot be checked in its march toward totalitarianism.
In a 5-4 decision the Supreme Court upheld the joint venture of the President and Congress to force every American, regardless of ability or desire, to purchase a qualifying health care insurance plan by 2014 or face a tax penalty for failure to comply.
Chief Justice Roberts, writing for the Court, held while the individual mandate is not a valid exercise of Congresss power under the Commerce Clause and the Necessary and Proper Clause, it is valid as an exercise of the taxing power granted the federal government by the Constitution.
One practical effect of todays ruling is that by removing the ObamaCare scheme from its safe and secure Commerce Clause mooring, the Supreme Court has rewritten the law and converted the individual mandate into a tax, thus placing it within the authority of Congress to define.
This is judicial activism at its finest. The Supreme Court was so determined to endow the federal government with unlimited power and to toss the notion of enumerated powers onto the scrap heap of history that it was willing to effect a fundamental change to the law as enacted by Congress and the President.
Today, the U.S. Supreme Court not only re-wrote ObamaCare, but it simultaneously united the power of making and interpreting law into their own unelected hands.
As the states have become servants, they may yet regain their proper role as masters. In this there is hope, in fact.
The states, through the exercise of the Tenth Amendment and their natural right to rule as sovereign entities, may stop ObamaCare at the state borders by enacting state statutes nullifying the healthcare law and criminalizing state participation in administering or executing the unconstitutional provisions thereof.
Obamacare should now be renamed, Robertscare. Additionally, it should just be simple that Roberts’ interpretation of the constitution was collectivist, i.e. company should carry rights like an individual, and then the government should have the full authority on individual health insurance choices. Pretty much government monopoly, plus an addition to the deficit, which the left feigned care about anyways.
All the R’s need is 51 to repeal it not 60. So all we have to do is go out and vote an Obamacare is gone.
You don't own your body.
You owe the feral government for it's upkeep.
The title isn’t quite right. They ruled that Obamacare WAS a tax, not necessarily that it was a permissible one....or did I not get that correct?
And I would be quite thankful for any legal scholar who can point me to the grant of authority in the constitution which would allow any judge anywhere to re-write a law.
I have been reading that document for many years now but seem to have missed that part. Perhaps that to is in the penumbra! I admit to have a great deal of difficulty in reading those!
You know the country has gone to **** when the morons on Barry’s Supreme Court start placing new taxes on the American people. This WASN’T a tax until that dumbass Roberts made it so.
I am joining Obama in blaming Bush Now.
I made donation to Roomey ( never thought I would) He at 6 PM was over 2 Million for the day.
“Chief Justice Roberts, writing for the Court, held while the individual mandate is not a valid exercise of Congresss power under the Commerce Clause and the Necessary and Proper Clause, it is valid as an exercise of the taxing power granted the federal government by the Constitution.”
VALID, TAXING POWER, BY CONSTITUTION
The Bill and its Taxing Power originated in the Senate, not the House. That is NOT the way it works under the Constitution, Judge Roberts.
United States of America. Youre getting smaller in my rear view mirror and I wont be home no more.
we need the house and senate,too.
First they taxed our property,
Then they taxed our wages,
now they ARE taxing our bodies.
They microchip us next.
This supposedly was decided months ago not yesterday
Did not the conservatives on the court try and talk sense to Roberts in that time frame
I thought feminist have been tell us for years that it’s their body and they can do whatever they want with it?
good idea! also bobbie obommie care.
"Choice" only applies to abortion.
Everything else is mandatory.
(Eventually abortion will be mandatory, too.)
“The states, through the exercise of the Tenth Amendment and their natural right to rule as sovereign entities, may stop ObamaCare at the state borders by enacting state statutes nullifying the healthcare law and criminalizing state participation in administering or executing the unconstitutional provisions thereof.”
God willing, this is already the mandate of many States.
My heart is in compete & enthusiastic agreement with the notion that we demand our Liberty or Death!
It’s my understanding that Roberts is Catholic, not Mormon.
they originally voted against it and it leaked with obama screaming the following day. In approx mid-May rumors that a second vote took place and evidently commie roberts switched!!
They got to roberts knowing he, not kennedy, was the target to isolate. Roberts then caved to the commies, the gutless traitor.