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 ...
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.