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To: jonrick46
2) Capitation, or other direct taxes, which may only be imposed “in Proportion to the Census” among the states (Art 1, sec. 2, cl. 3; Art. 1, sec. 9, cl. 4).

4) The income tax, permitted by the 16th Amendment, which can be imposed without apportionment among the states.

Do you understand HOW the Supreme Court reconciled the direct contradiction between [Art 1, sec. 2, cl. 3; Art. 1, sec. 9, cl. 4], and the 16th Amendment?

It recognized that they addressed DIFFERENT "PERSONS" - non-corporate, and corporate, respectively.

As such, Obamacare is NOT under [Art 1, sec. 2, cl. 3; Art. 1, sec. 9, cl. 4], but IS Constitutional under the 16th Amendment.

That's what Roberts directly addressed when he wrote:

"The Federal Government does not have the power to order people to buy health insurance. Section 5000A would therefore be unconstitutional if read as a command. The Federal Government does have the power to impose a tax on those without health insurance. Section 5000A is therefore constitutional, because it can reasonably be read as a tax."

How Chief Justice Roberts Saved America

41 posted on 07/11/2012 10:26:37 PM PDT by Talisker (One who commands, must obey.)
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To: Talisker

Sorry, I am not buying it. The 16th Amendment specifies that a tax can be imposed on income. There is nothing about income in the Roberts decision.


48 posted on 07/12/2012 1:53:10 PM PDT by jonrick46 (Countdown to 11-06-2012)
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