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Obama Aide Rejects ‘Tax’ Label for Health Care Law (Obama believes Obamacare is unconstitutional)
ny times ^
| 7/1/2012
| ANNIE LOWREY
Posted on 07/05/2012 2:44:20 PM PDT by tobyhill
click here to read article
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1
posted on
07/05/2012 2:44:26 PM PDT
by
tobyhill
To: tobyhill
Jack Lew is one smart, slimy, smarmy, disagreeable man.
To: tobyhill
‘How many legs does a calf have if we called its tail a leg? Four. Calling a tail a leg doesn’t make it a leg.’ - Abraham Lincoln
To: tobyhill
No, the court found it constitutional if it is a ‘tax,’
AND I find the constant denial to be very troubling.
For if the regime insists it is not a tax, then the law cannot stand and the regime perjured itself before the court...
We need to start calling these SOBs out on this redefining stuff. If it is not a tax...then it is unconstitutional.
You can't have it both ways!!! Please somebody ...
4
posted on
07/05/2012 2:54:59 PM PDT
by
EBH
(Obama took away your American Dreams and replaced them with "Dreams from My (his) Father".)
To: Gunslingr3
Obama’s got a BIG problem and he knows it. The tax can be repealed by a simple majority in the Senate and since the Commerce Clause has been ruled unconstitutional, he can't fall back on that argument.
All congress has to do not fund it and/or lower the TAX to near nothing without repeal.
5
posted on
07/05/2012 3:00:53 PM PDT
by
tobyhill
(Conservatives are proud of themselves, Liberals lie about themselves)
To: tobyhill
Interesting that now, we can be penalized and/or taxed for something that we don’t do.
6
posted on
07/05/2012 3:02:24 PM PDT
by
RC2
(Buy American and support the Wounded Warrior Project whenever possible.)
To: tobyhill
The law itself says it’s a tax.
BOHICA.
To: RC2
having trouble adding a pic to my post, any suggestions????
To: Pearls Before Swine
Jack Lew is one smart, slimy, smarmy, disagreeable man. You left out "lying POS" and "dirtbag".
9
posted on
07/05/2012 3:08:20 PM PDT
by
ROCKLOBSTER
(Celebrate Republicans Freed the Slaves Month.)
To: savedbygrace
The law itself says its a tax I don't believe it does. They avoided that language at all costs.
10
posted on
07/05/2012 3:08:53 PM PDT
by
EBH
(Obama took away your American Dreams and replaced them with "Dreams from My (his) Father".)
To: EBH
To: tobyhill
If it is not a Tax, then we owe the IRS nothing. Do you want to ruin your main revenue generator for chump change ? You DC elitist really are stupid.
To: tobyhill
He can reject the label TAX until the earth stops turning - As a matter of LAW its a tax. End of debate.
13
posted on
07/05/2012 3:14:19 PM PDT
by
Mechanicos
(When did we amend the Constitution for a 2nd Federal Prohibition?)
To: EBH
Don’t have time to find it now, but I recall that from when it was being voted on and someone posted the quotes from the bill a few days ago here.
To: Mechanicos
What’s funny about this is when the millions of lawsuits get filed against the IRS for HIPPA Violations or right to privacy violations.
15
posted on
07/05/2012 3:20:55 PM PDT
by
tobyhill
(Conservatives are proud of themselves, Liberals lie about themselves)
To: Gunslingr3
How many legs does a calf have if we called its tail a leg? Four. Calling a tail a leg doesnt make it a leg. - Abraham LincolnAbraham Lincoln died before Bill Clinton was POTUS however, otherwise his quote may be different! /s
16
posted on
07/05/2012 3:24:13 PM PDT
by
EGPWS
(Trust in God, question everyone else)
To: nevermorelenore
I have never added a pic to a post. I just put the address up where the picture is.
17
posted on
07/05/2012 3:27:30 PM PDT
by
RC2
(Buy American and support the Wounded Warrior Project whenever possible.)
To: savedbygrace
I would appreciate it if you could find it in your spare time. It seems my recollection and their firm denials tell me something different.
I have seen mandate, penalty, etc, ...not tax.
Thanks.
18
posted on
07/05/2012 3:32:20 PM PDT
by
EBH
(Obama took away your American Dreams and replaced them with "Dreams from My (his) Father".)
To: tobyhill
La-de-da-de-da...
Transcript...@Supreme Court: The Health Care Law And The Individual Mandate
It's got this little number in it...
GENERAL VERRILLI: I don't think that that's a fair characterization of the actions of Congress here, Justice Kagan. On the December 23rd, a point of constitutional order was called to, in fact, with respect to this law. The floor sponsor, Senator Baucus, defended it as an exercise of the taxing power. In his response to the point of order, the Senate voted 60 to 39 on that proposition. The legislative history is replete with members of Congress explaining that this law is constitutional as an exercise of the taxing power. It was attacked as a tax by its opponents. So I don't think this is a situation where you can say that Congress was avoiding any mention of the tax power.
It would be one thing if Congress explicitly disavowed an exercise of the tax power. But given that it hasn't done so, it seems to me that it's not only is it fair to read this as an exercise of the tax power, but this Court has got an obligation to construe it as an exercise of the tax power, if it can be upheld on that basis.
Sounds to me like Congress knew it was a tax during debate.
@It Was Always a Tax
In part...Mr. President, the bill before us is clearly an appropriate exercise of the commerce clause. We further believe Congress has power to enact this legislation pursuant to the taxing and spending powers.
Snip...House Democrats likewise argued that Obamacare is constitutionally justified as an exercise of Congresss power to levy taxes and spend money. Thus, Rep. George Miller of California said:
The bill contains an individual mandate to either obtain health insurance or pay a penalty. This provision is grounded in Congresss taxing power but is also necessary and properindeed, a critical linchpinto the overall effort to reform the health care market and bring associated costs under control throughout interstate commerce.
A really good article, IMO.
Be sure to read this...
The brief that administration lawyers filed on behalf of President Obama argued at length that the mandate is a tax. At risk of boring our readers, I am going to reproduce that entire section of the brief. You shouldnt feel obliged to read it all, but it is actually quite interesting:
II. THE MINIMUM COVERAGE PROVISION IS INDEPENDENTLY AUTHORIZED BY CONGRESSS TAXING POWER
A. The Minimum Coverage Provision Operates As A Tax Law
I rather liked this towards the end...
Hey, thats what you get for reading a web site that is written by lawyers. But even if you didnt follow all of that, I am sure you got the point: the Obama administration argued vigorously, and at considerable length, that the Obamacare mandate is a tax. For Obama and his surrogates to deny now that Obamacare is a tax, or to express surprise that the Supreme Court has so held, is beyond disingenuous. Of course, such dishonesty is par for the course for the president and his minions.
19
posted on
07/05/2012 4:03:03 PM PDT
by
philman_36
(Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
To: tobyhill
Why should Obama and his crew give a damn about the Constitution? There’s nobody to hold them accountable for violating it, so Hussein will do as he damn well pleases. And if he’s re-elected, expect a much greater expansion of his dictatorship.
He didn’t call Chavez his “amigo” for nothing, folks.
20
posted on
07/05/2012 5:03:29 PM PDT
by
Argus
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