Skip to comments.Today's SCOTUS Decision Dooms Obama's Reelection
Posted on 06/29/2012 12:19:26 AM PDT by MindBender26
Yes, Obama and the Democrats are entitled to a bit of a victory lap today, after Chief Justice Roberts searched deeply within his political self and found a path to uphold ObamaCare.
Today's ruling will probably go down in history as the most effective GOP voter turnout operation ever. There is only one way to repeal ObamaCare and that is through the ballot box. It will happen.
Obama campaigned on a promise to never raise taxes on any families earning less than $250,000 a year. Today, the Court called the mandate for what it is...a tax. In doing so, it acknowledged that, not only did Obama break his campaign promise, but he and his leftist allies have ushered in the largest tax hike in history. They will go with that record into the voting booth in November.
From a nakedly partisan viewpoint, today's ruling is the best case scenario for the GOP. ObamaCare is still deeply unpopular and now the only way to undo it is to sweep Obama and dozens of Democrats out of office.
Roberts may have pulled off the ultimate Jedi Knight mind trick. He upheld the law by framing it as a tax, which runs counter to Obama's campaign promises. He has ensured that the only way to appeal the law is to prevail, across the board, in November. That was ultimately always the case.
Patriots around the country will now realize that there is no cavalry on the horizon. If we want to preserve our liberties, we will have to fight for it. Patriots and Independents now have a singular reason to show up at the polls in November. This focus will doom Obama's reelection campaign.
Today, I donated to a congressional candidate who is committed to repealing ObamaCare. What did you do?
(Excerpt) Read more at breitbart.com ...
Here are some RealPolitik 101 realities:
Robert's decision was as SCOTUS decisions should be, a very narrow legal decision. He didn't say Obamacare is a good or popualt law. He simply said, as a tax, it is legal.
Secondly, for the Great Unwashed, the 2012 election contest began today. Up until now all the issues were ones that Movement Conservatives cared about, but were not too important in the minds of middle-of-the-roaders. They are the ones who decide an election, and for the first time, there now is a frontal lobe / front porch issue they care about. For the first time, a WIIFM isssue (A What's In It For Me Issue) that effects the whole midle class, an "Obama is going to rip moeny out of my wallet" issue, a "Romney proises to fix it on Day One" issue.
At 10:15 this AM, the "there's no difference between Obama and Romney" claim died on the steps of the SCOTUS building.
Obamacare is only one small part of the disaster Obama has forced on sleeping sheeple, but like small battles on Bunker and Breeds Hills, and an attack on Pearl Harbor, this will awaken the Sleeping Tiger that the Great American Unwashed have become.
Of course, this post will be immediatly attacked by the DO Obama supporters who lurk here, but even if they disuade some FReepers, the public was not fooled today.
If we all get onboard and get everyone else on board, we can ride this to the only victory that really counts, the one for the House, the Senate and the Presidency on November 6.
Everything is meaningless crying over spilt milk.
The question for every FReeper. Do we now fight to remove, repeal and reject EVERYTHING Obama has done, or do we sit here and cry about it.
We have only one truly contested election in Central Florida, the one to ensure Alan Grayson does not buy his way back to Congress in the new Congressional District. Today I maxed out to his best Republican opponent.
Please join us in lighting the fire to take America with actions, not words.
Don't worry about the DU disruptors here who will quickly turn this into an anti-Romney post. Keep your eyes on the prize.
That prize is America
So stop whining, get off butt and elect a Congress that won’t make us buy this BS.
Work you arse off........ or go home. crawl into bed and give up. It’s up to you
I posted that thought immediately after hearing SCOTUS decision and was accused of spinning by some posters.
Romney was dead last on my preference list during primaries. However since I do not hate Mormons, I will support him with cash donations now. He is the last hope left to get rid of Obamacare. There is no other path. We either take a chance on Romney or be doomed forever with socialized healthcare and demise of our freedom from government tyranny.
It doesn’t matter if he’s re-elected or not. The health care act will
not be repealed and the relationship between the gov’t and the people has been permanently altered no matter who becomes President.
Anyone who believes otherwise is living in a dream world.
It turns out Bush was the Democrats best friend.
So stop whining, get off butt and elect a Congress that won’t make us buy this BS.
Work you arse off........ or go home. crawl into bed and give up. It’s up to you
I am weary, let me rest.
Looks like a lot of people have forgotten the concept of taxation without representation.
Where do you find such a Congress?
In Massachusetts, we continue to have socialized medicine, and all of its problems, thanks to former Governor Mitt Romney and “RomneyCare”! How is Mitt Romney against socialized medicine, or am I a lier?
But this is “Taxation with Misrepresentation.”
But the law wasn't written as a tax. In fact, there's great debate whether the I.R.S. even has much power to collect the tax penalty if people refuse to pay it. Roberts should've sent the bill back to Congress with instructions to either re-write it as an actual tax bill or get rid of it completely. What Roberts did was not very judicial at all. He re-wrote the law from the bench like a teacher doing a student's homework for him. Roberts framed his opinion in a way to hopefully benefit Mitt Romney in a political election. So we're left with a law that doesn't make sense and a candidate who *might* deliver in November.
Meanwhile, on the southern border, Arizona is powerless to do *anything* about illegal aliens crossing into their state. John Roberts, I'm deeply ashamed of you.
When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. hen in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.
Pretty much says it all for me...
The number of people on the dole is greater than ever.
And than there is the October surprise. Terrorist event, marshal law, cancelled election.
Burlap Insane Obama is capable of Machiavellian principles to retain power.
Zer0 will be re-elected. most Americans today are hopeless dependent failures.
I’ll do my flailing part to defend our country but Zer0 has gotten everything he’s wanted. Our side always capitulates to the left.
Even if Romney does win I don’t think he’ll buck the status quo.
the Supreme court was to be a slam dunk for us.
We’re all socialists now unless we dissolve the Union.
I completely agree with you, and you said it very well.
The lid was pried open on an evil, ominous, and heretofore never opened Pandora’s box of neverending government intrusion into the smallest and most private minutiae of your and my life, all our lives. The precedent established means that multiple fabian efforts to constrict freedom, to torment honest effort, and to squash individual aspiration will begin forthwith, on many fronts. All in the name of feeding the poor, the needy, the underadvantaged. And all based upon lies, misrepresentations, and now non-subtle doublespeak wordplay. A classic tactic of the left.
You and I have just been informed that we are not capable of taking care of ourselves, of making our own decisions, and that others who may have even less ability to do those things than you or I do must be provided with some of the money you yourself earn and then used to use to exercise your former freedom and create those outcomes you wish.
This is not a “bright future” thing. In any way.
I was trying to explain this to a Guatemalan guy who works with us as a carpenter on this huge remodel. He came here 24 years ago and is fully legal. He is a highly skilled, hard worker, who is a joy to work with and we pay him well. ($35/hour)
I explained to him that now the government might very well tell him that he can’t make his own deal to work with whomever he wishes to work with. Or not. That he might be commanded to go work on say 6 POS tumble-down 1893 houses in Oakland, in the hood, or be forced to pay a fine at the end of the year if he can’t show he worked on 6 such houses. He would have to park his truck in the hood, probably have it broken into 3 times in a year, never be able to leave his tools overnight, and have to apply or wait in line to get every rehab item approved by some bureaucracy somewhere.
His eyes widened as he got it. Obviously, he doesn’t have the focus on the theoretical nor the political and not only do I not blame him for that, I envy him for that. When did it become incumbent upon Americans who just want to live our lives and make our livings and have some fun once in a while to have to police Congress to make sure they don’t put this incredible piece of crap law into effect on false premises and flat out lies?
The Constitution was dealt a severe sucker punch. What Conservative Pollyannas can't seem to get is that liberals do not think of laws in the same way we do; to them, there's to such thing as a limit on power. Give them an inch and they'll take a light year.
What Roberts did today with his subtle, thoughtful, wise approach to legal reasoning is give Obama Carte Blanche to tyranny. The only thing statists would have understood was total defeat, utter overturning of ObamaCare root and branch. Any toehold would have been used to pile on anything they wanted.
Instead, they got everything handed to them and we're supposed to find solace in some nonsensical sophistry about the distinction between a tax and a penalty. Oh, sure; that'll stop them in their tracks!
I think your on the clock. No rest.
Who should I vote for? A Republican? Give me a break. The party is liberal. Even those who call themselves conservative cave in to the wishes of the liberal hierarchy. Look at how most of them endorsed Romney. And even if you could find some new blood, they too will put the interests of the party over the people.
Tempted and tried we're oft made to wonder
Why it should be thus all the day long
While there are others living about us
Never molested though in the wrong
Farther along we'll know all about it
Farther along we'll understand why
Cheer up my brother live in the sunshine
We'll understand it all by and by
True! We, the American People, will have the final say in Nov, not the Supreme Court.
Well said. We all want to find a silver lining here, but the sad fact is that there is none.
First and foremost, Romney is a weak candidate who, of elected will break our hearts without mercy. Second, SCOTUS has now codified this concept as law which will forever change the ways laws are written henceforth not to mention how every court up and down the line will interpret any given law.
Yes, it is possible to elect Republican across the board in November, but that sure is no guarantee (think McCain, Bohner, Graham). And then what? The next time Democrats seize control there will be NOTHING to stop them. Think how Democrats blatantly defied the public will to force ObamaCare. Does anyone thing they will not be even more brazen in their next big reach?
I really hate to be so gloomy, but I fear we have lost the Republic.
“Our side always capitulates to the left.”
Because it is in the script. The rivalry is a sham which serves to mask the fact that both of these corrupt parties are the government party, and it is Washington DC versus America. DC is winning.
“Were all socialists now unless we dissolve the Union.”
That could happen just as it did with the Soviet Union. Eventual internal bankruptcy and they could not even get their troops out of barracks when the Russians decided en masse that their government just wasn’t real anymore. A government which is no longer feared or recognized by the mass of the population is just a bunch of unemployed bureaucrats.
“I really hate to be so gloomy, but I fear we have lost the Republic.”
The Republic died somewhere in the 19th Century. The mask of that Republic fell off of the face of the Imperium today.
This is not a free country, and we are not a free people. We haven’t been for a while now, but today puts formal expression to our helplessness - as long as we play their game by their rules.
I really hate to be so gloomy, but I fear we have lost the Republic.
1) The Commerce Clause argument for the individual insurance mandate was rejected.
Correct: But irrelevant, given the next "tax" holding.
2) The argument that Article I, section 8 grants Congress the power to impose a tax on those who don't have health insurance was affirmed.
Incorrect: Congress was granted the power to tax events that actually occur--not ones that don't [Excise Tax]. It was not granted any power to tax a failure to do business, nor the absence of commercial activity. By the Court's reasoning in this decision, Congress could now tax the failure to earn a certain level of income, or a failure to carry a baby to term, or the failure of a non-citizen resident to obtain a green cared, or the failure by a church to perform gay marriages. The possibilities are endless.
The power to tax any failure to act is the same as the power to impose fines that compel any action.
When a legislature imposes a fine or other punishment directly on people—not because they've committed a crime, have been tried by a court, found guilty, and then had the punishment imposed by the court as allowed by law, but simply because the legislature enacts a law that dictates it—that's known as a bill of attainder. Such laws that impose punishments directly without due process--without a trial and subsequent conviction--are Unconstitutional, precisely because such bills of attainder are tyrannical and dictatorial.
The US is now officially a tyranny with no limits on its power, because the Supreme Court has now removed any and all Constitutional limits regarding what may be taxed. And the Constitution includes no specific limits on the maximum magnitude of taxes—they can even be higher than 100%. The only limits to the size of such taxes is whatever the the Supreme Court decides is so large that the intent of the tax is clearly punitive, and not intended to raise revenue.
3) The mandatory expansion of Medicare imposed on the States was rejected.
Correct: But irrelevant, given the "tax" holding. Congress can simply tax States that don't comply.
The relevant Constitutional text:
Article I, section 2:
"Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons"
That section was modified by 16th Amendment, but only with respect to income taxes on earnings from the ownership of property, such as rents, royalties, dividends and interest. Per the Supreme Court, Congress has always had the power to tax wages, salaries, commissions and fees for service, under the power to lay and collect excise taxes.
The Court had ruled in Pollock that taxes on income from property [only that] were a direct tax, and so had to be apportioned among the States. It was that ruling that led to the alleged [but disputed] ratification of the 16th Amendment.
Per the United States Court of Appeals for the District of Columbia Circuit, "Only three taxes are definitely known to be direct: (1) a capitation [ . . . ], (2) a tax upon real property, and (3) a tax upon personal property." [Opinion on rehearing, July 3, 2007, p. 20, Murphy v. Internal Revenue Service and United States, case no. 05-5139, United States Court of Appeals for the District of Columbia Circuit, 2007-2 U.S. Tax Cas. (CCH) paragr. 50,531 (D.C. Cir. 2007)]
Whatever isn't a direct tax is considered to be an indirect tax--and vice versa.
Article I, section 8:
"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"
In the U.S. constitutional law sense:
A "duty" is a tax imposed on items imported into the United States, and an "impost" is a "duty" imposed specifically on items imported for commerce, as opposed to personal items brought home by individuals for their private use.
An "excise tax" is essentially an event tax (as opposed to a tax on the state of being of a person or thing). So a tax on the purchase of insurance would be an excise tax.
An excise means any tax on the occurrence of an event other than:
1) A tax charged to the owner of property based on the market value of the property (e.g., real estate "property taxes.")
2) A tax imposed on a person for existing or residing in a territory ("head" or "capitation" tax.) These are extremely rare in the US.
3) An income tax paid directly to the government on income;
4) An impost or duty; or
5) A sales tax which is paid on all sales transactions (usually with some items exempt.)
However, a tax on not purchasing something cannot be any sort of tax at all:
It is not a direct tax: it's not a capitation tax nor a tax on owning either real or personal property.
And it's not an impost or duty, obviously.
Nor is it an excise tax, because an excise tax, by definition, requires that a taxable event must occur that is the subject of the tax.
I've read this type of talk several times now, where do these people live? I live in the United States and when the Republicans aren't actively working with and for the Democrats they're impotent in stopping the Democrats in any fashion.
To think that Republicans will suddenly be able to gather themselves and overturn ObamaCare is beyond delusional. I wish this were not true, but I don't think any person will honestly deny that it is so.
Recent history joins decades of proof, look at Speaker John Boehner, he's batting 000% against Obama and the Democrats while he, as Speaker, absolutely controls spending in the House of Representatives.
The Republicans have proved themselves largely useless, too often they can't even pick a judge that's worth a damn. The useless Republicans need to be replaced as quickly as possible, either a few at a time as we have been doing or with a new formal and official TEA Party.
Texas secession is now what I hope is a long term solution.
I agree. If Romney is elected, we will have Obama lite. We are in a no-win situation.
...”It doesn’t matter who wins in Nov. The Court just said the US Congress can require us to buy ANYTHING. It’s just a matter of time until good little libs get into office and begin requiring us to buy all kinds of new “taxes””...
This is a greater concern to me than the falsely declared health care benefits..In fact, this act of fraud (treason in my mind) will ultimately rob people of their healthcare because of the government’s ability, now, not just to bankrupt the country but to bankrupt individuals as well, through confiscation of their assets and nothing short of dictatorship. I saw the horrified look on the faces of the TV commentators (who are lawyers themselves) yesterday when they realized how Roberts had rewritten that statue to allow this to stand.
By the way, I did not remember that Justice Roberts suffers from seizures. The medicines used for that can have congnitive consequences.
The defeatist trolls are out in force early I see.
...”I was trying to explain this to a Guatemalan guy who works with us as a carpenter on this huge remodel. He came here 24 years ago and is fully legal. He is a highly skilled, hard worker, who is a joy to work with and we pay him well. ($35/hour)
I explained to him that now the government might very well tell him that he cant make his own deal to work with whomever he wishes to work with. Or not. That he might be commanded to go work on say 6 POS tumble-down 1893 houses in Oakland, in the hood, or be forced to pay a fine at the end of the year if he cant show he worked on 6 such houses. He would have to park his truck in the hood, probably have it broken into 3 times in a year, never be able to leave his tools overnight, and have to apply or wait in line to get every rehab item approved by some bureaucracy somewhere.
His eyes widened as he got it. Obviously, he doesnt have the focus on the theoretical nor the political and not only do I not blame him for that, I envy him for that. When did it become incumbent upon Americans who just want to live our lives and make our livings and have some fun once in a while to have to police Congress to make sure they dont put this incredible piece of crap law into effect on false premises and flat out lies?”...
If you could only draw personal word pictures for the 40% of Americans who do not know the consequences of these acts because of a poor understanding of history and what “cradle to grave” means to personal freedom.
The USSR never really broke up. Have a look at Putin and how fast his “Eurasian Union” came together.
“In Massachusetts, we continue to have socialized medicine, and all of its problems, thanks to former Governor Mitt Romney and RomneyCare! How is Mitt Romney against socialized medicine, or am I a lier?”
I don’t know whether you’re a liar or not, but you sure sound like a defeatist!
AMEN!! And just the THOUGHT that Alan “Crazy Mean Man Grayson” is running again makes me SICK!!
Vote REPUBLICAN and then hold their feet to the fire!!!
There was NO win here. If you love your freedom, there is only a giant loss.
Now that's the "Spirit" we Freepers appreciate! /s
Why not just roll over and play dead, why don't you?
Hey after all, when our Patriot Forefathers were faced with insurmountable odds in their fight for FREEDOM, they did the same didn't they? I mean they just threw their hands in the air and said, this is a "No win situation here," so we might as well just accept our fate and "Submit," right?
Tell you what: You and your "ILK" can stay home, pout, give up, piss-and-moan, cry, etc. all you want; the rest of us WHO LOVE OUR COUNTRY MORE THAN LIFE (especially those of us who have put it "all on the line before") and FEAR FOR IT'S SURVIVAL, will crawl across a football field of broken glass to do vote for whomever has a chance to remove this FASCIST, Neo-Commie, POS from office.
All it takes for .....
..... to triumph is for good men to do nothing.......!"
....you know, like staying home or writing in someone's name which is the same thing as affirmatively, voting for the closest most of us will ever come to WITNESSING PURE EVIL while still alive...Barack, Barry, Hussein, Soetoro, Obama.
"Oh yeah, we'll stand on 'PRINCIPLES' and show them what's what, then in 2016, we will really, REALLY, work to elect a true Conservative....."
Yeah, right, provided there is still a United States of America left as we used to know it.
That pretty much sums it up as far as the handful of Freepers who keep arguing we should all stay home come Nov cuz Mitt is actually 10 times worst than Dear Leader and the Mormon Religion (and by association, so is Romney) is not only NOT Christian, but dangerous and a threat.
Their irrational HATRED for Mormons (why I don't know?) appears to be what is driving their agenda....
....YET, these people never (AND I CHALLENGE ANY OF THEM TO PROVE ME WRONG) ever, have anything to say about the "Religion of Pieces" and that which B. Hussein Obama defends and supports and how much more DANGEROUS it is to our Safety and Survival.
Don't know about all these other so-called, "PRINCIPLED" Christians, but as a Catholic, I believe that we are ALL "God's Children" and until anyone can show me whereby Mittens (or Mormons) advocate such things as "Death for Apostasy," their openly advocating "Overthrowing our Gov't and replacing our Constitution with John Smith's 'LAWS'," sanctioning "Honor Killings," or having any "Supremacist Tendencies" and wanting to force the WORLD to "Submit," ect., I refuse to be convinced that Mormonism is in any way as eeeevil, barbaric, misogynistic, or dangerous as is Islam.
It was NOT a tax until Roberts made it one. He also said it was his job to find ways to make the law legal, not look for ways to overturn it.That is horse crap.
The only thing this does is make some of us more eager for Nov. But the dumbles are going to sway a lot of folks with the “Its settled” meme.
We are dead if we do not win the Congress and Presidency. If we do not its simply over.
“Looks like a lot of people have forgotten the concept of taxation without representation.”
TRUE. People need to wake up and accept the fact that the Republicrat oligarchy ruling America DOES NOT represent the people.
Voting against Obama is a necessary first small step, but there must be a strategy to purge our government of all professional politicians, both with a “D” and “R” by their name.
The problem is the “no third party” crowd. Until they accept the reality that there is only one “party” in power, we will never be able to elect an opposition to the Republicrat socialists.
AMEN to that.
Why all the weeping? Today is the time to TAKE BACK AMERICA!
How about a Republic of Texas? I bet a few of their neighbors could be convinced to come along for the ride.
Not all will play the game. Look for an increase in civil disobedence.
A geographical core of TX, LA, AR, OK makes pretty good sense. Purging entitlements would insure that we would remain a conservative republic.
Yeah, we have great conservative leaders out there fighting for us like Bob Dole, John McCain, George Bush, and now Mitt Romney.
If the Republicans DON’T get their act together to stop this nonsense then I’ll support a third party and let the chips fall where they may-regardless of what people like Rush says.
Failed logic, there are 2 parts,
1. The individual mandate requires people to buy insurance
2. The penalty is to pay a fine (the tax)
Oh, that's GOOD, that's really good!
i donated last night to romwin back the senate too.ney. we HAVE GOT to support candidates too.
The managed care panels in Obamacare will make that decision for you, maybe permanently. In the final analysis, this isn't about health care; it is about power and control. Support the leftist program or suffer the consequences - limited access, delays and denials of needed care.