Posted on 06/29/2012 6:06:10 AM PDT by Servant of the Cross
1. His ruling killed the commerce clause - yeah, the one with -0- oversight and 100% discretion of the executive and/or cabinet chiefs
2. His opinion forced the recognition that all future legislation is based solely on the power to tax.
For those who wanted a supreme leader (gee, the desire runs in both Rs & Ds) to crush the O-Tax by fiat, it's a bitter disappointment.
But for those who understand that taxes are literally a quagmire where political careers go to die, it's a godsend. There's a reason the Bush tax cuts are called the "Bush Tax Cuts" - tax policy is a key electoral factor.
Also, some are beginning to realize that taxes must be evenly applied ie are subject to equal protection. If there are exceptions/exemptions, like the EIC, it must be based on some underlying basis, as in income under the XVI.
Nowhere in the O-Tax are the taxes actually spelled out. Are they a poll tax, property tax, income tax or whatever tax? Can anyone other than Alberta's Child see what's gonna happen in this arena? Litigation dear reader.
In fact, what if anyone with standing sues on the basis that the tax is a poll tax and the court agrees (in the absence of any countervailing evidence). If Congress doesn't go back to reform/revise the definition, the actual tax construction (not power) of O-Tax is unconstitutional on its face. Congress simply has to do nothing, and the thing dies.
There is a difference between a tax deduction for what you do and a tax for something you don’t do.
Bull, bull, and bull! He could have killed it and wrote all of that into the decision along with the conservatives in the court. Instead, he Ed kill
America as we know it!
It is not optimism on my part. I am just stating the obvious in the prior and many other posts yesterday and today.
I have also been around for a long time. The difference is, I never expected a pony and I do not dig through manure trying to find one.
We are worse off because most expectations, like assumptions, are usually unreasonable. We take what is and deal with it as best we can. We are the ultimate sovereigns in this country. It is not an easy job. We simply have to prioritize and take the steps necessary to establish our sovereignty. It has been this way since the founding, which was not easy, unanimous or permanent.
I think that is a very clever and appropriate analogy. 'Like'.
Ah. So if 49% of the public wants to follow the dictates of the Constitution, but 51% don't, it's not the job of the Court to rein in the over-reaching 51%? That's great. When the para-military IRS 2.0 is standing on our necks, we can all give thanks the the Commerce Clause is well in check.
Roberts crossed out the word “penalty” that appears in the law 15 times (and if it’s a penalty, it’s not a tax, as decades of court precedent establish) and rewrote “tax”.
He rewrote the law. That is judicial activism. Judges interpret, not rewrite, laws.
He is a total traitor and no conservative. This is lipstick on pig stuff and, as an attorney who studies constitutional law, I believe this article is nonsense.
Actually, it is all bad.
BINGO! It was unconstitutional as was, and Roberts with his magic pen suddenly made it constitutional. THAT IS NOT HIS JOB!!!!
My first question is how does handing congress a new means of passing stealth taxes add up to a silver lining?
My second question is, since Roberts could have denied the commerce clause without reinterpreting the ability to tax... what motivated him to flip?
Third, why add "It is not our job to protect the people from the consequences of their political choices.”...are we being punished?
The whole idea of collecting money from those who don't buy or earn health insurance is a sick joke - they aren't paying taxes now! Does anyone think the fed's will withhold the unearned income credit from "poor folks" who can't afford insurance premiums?
If they can create a tax with smoke and mirrors it will only take a single rider to a defense bill to make that tax apply to the middle class at large - those of us already paying the costs of a welfare state.
Finally, how could he add "...the payment is collected solely by the IRS through the normal means of taxation—except that the Service is not allowed to use those means most suggestive of a punitive sanction, such as criminal prosecution.” where did he find a free pass in the legislation?
(End of rant)
Ping for later.
You posted: There is a difference between a tax deduction for what you do and a tax for something you don’t do.
***
There may be a distinction, but the net result is a change in your tax liability, based upon not acting in a certain way. Whether it is by tax increase or deduction decrease, if failing to act in a government approved manner increases one’s tax liability, the result is the same.
IMHO, neither the author nor I suggest that hyperbole. The title of the article itself ... It's Not ALL Bad ... is clear that there is MORE BAD than good in the ruling, but then getting past that to make lemonade out of lemons.
Dear SFF, the net is overloaded today with arguments against the reasoning therein, and I have places where I get paid by the word. Furthermore, Rush Limbaugh is far more entertaining and his arguments are rock solid, so I’d put him at the top of the list of commentators to read on this subject.
www.rushlimbaugh.com
I don’t think the opinion killed the Commerce Clause, but it has at least stopped its cancerous growth, I hope. Legislation will still frequently state that it is based on the Commerce Clause power, and it will withstand challenge on that ground.
Regardless, 5 to 4 majority raises importance of throwing the leftist bums out and putting conservatives in place. I have no doubt Obama would nominate Holder for the next SC vacancy.
I don’t think the opinion killed the Commerce Clause, but it has at least stopped its cancerous growth, I hope. Legislation will still frequently state that it is based on the Commerce Clause power, and it will withstand challenge on that ground.
Bump.
Agree. Now if the Pubbies will only do that.
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