Posted on 07/02/2012 11:21:51 AM PDT by OldNavyVet
My take on the ObamaCare decision, based upon 1857 Dred Scott decision.
ObamaCare decision … Essentially upholding a mandate by declaring it a tax … An absurd decision that can be resolved by rational leadership (ObamaCare repealed by Congress and President); at much less cost than having declared said “mandate” unconstitutional.
Link to Dred Scott decision is at http://www.pbs.org/wgbh/aia/part4/4h2933.html
I fear it will take another civil war to undo all horrors
brought on by the left and this POSOTUS in particular.
God help us all
John "Roger Taney" Roberts will be remembered as the man who made the decision to tear America asunder.
With this New UbamacareTax, the U.S. is now too divided to remain a united country.
A civil war and or a Constitutional Convention would leave us in far worse conditìon than we are in now. The terminal point would be the same but we are going there by a slower route at the moment. A civil war in this population must leave us with a far stronger and more capricious central government or several such than we have now. A Convention would do the same. The delegates to such a convention would have to be politically selected by and from the present population and the give and take necessary to get a new deal would give us a constitution thousands of pages long that enshrines as Basic Law every group interest and pettiness. This society is simply too rich and supports two huge classes of nonproductive people at the economic extremes, the idle highly educated Elite, including Academia and The Press who have no concept of earning a living but believe that their support is just there or is an award for their inherent Value and spent their time dreaming up Utopias to foist upon society, and the welfare class about whom no description is necessary and who support the Elite. Half the population falls into these mutually reinforcing groups.
I don’t think it will be so much retaliation and violence int he streets by real Americans. Of course, a total breakdown is possible. No government payments because there are no tax receipts, or not enough. Probably inner city and Urban riots designed for the media.
The real problem is working, taxpaying Americans are going to finally realize just exactly how much they are being raped and will be raped by the likes of Obamacare, and all the other drastic taxing options the ONE will need to fund his empire of sloths and no-goods.
People are going to start checking out from this red-blooded, loyal taxpaying citizen crap. They’ll start to ignore his silly mandates and edicts. There won’t be enough bureaucrats to go after everyone that actually works. They’ll be printing dollars like rolls of toilet paper, and that’s exactly the value of what they offer.
Some great historic leaders have shown that retreat is a road to victory.
If you already have health insurance what else would you have to pay? All the ones without can claim poverty and will be exempt. How will they raise money?
There are hundreds/thousands of new accompanying taxes, supposedly for the benefit of Obamacare and the upkeep of the system. One I heard about is an additional tax on sales of homes/property over a certain amount profit of real property. Nothing but additional transfer taxes your states, local counties and cities charge. There are other surcharges on medical equipment, other charges for services or anything remotely considered to be related to ‘medical’. This law was written by ideologues who knew exactly what they were after. To get it passed they exempted over 1000 companies, agencies, non-profits, sects, etc. but those will expire eventually - and we all will pay dearly, DEARLY for what Obama has wrought in the name of re-election.
Democrats have stolen most of our freedom with the “Commerce Clause”....they are about to steal the rest of it with Obamacare in an effort to get the rest of what you’ve got.
In the long run, I suspect you are right that this will be a loss for Obama. Unfortunately, this will also almost certainly be a loss for Americans too. Even if ObamaCare is completely repealed, the Supreme Court precedent will do ongoing exceptionally grave damage to the United States of America.
The country is much like Colorado this summer. Out West, a careless cigarette or match can lead to a major conflagration. There are even recurring, albeit politically-inspired, stories that recreational shooters are accidentally starting forest fires. Many of us who never considered the possibility that we would side with anyone opposed to the United States of America are shocked enough at the three year train of abuses and usurpations that we would certainly not support Obama's side if hostilities commenced. There are sparks everywhere and at all times. Unfortunately for America, Obama is so evil or so foolish (or both) that he has created a situation where it will be easy for a spark in exactly the wrong (right?) place to spread and to start a second civil war. I suspect the tinder is not quite dry enough yet, but if Obama/ACORN/SEIU steals the November election, or if Romney wins but continues down Obama's path, all bets are off.
Since you made the mistake of asking:
Individual Mandate Excise Tax(Jan 2014): Starting in 2014, anyone not buying “qualifying” health insurance must pay an income surtax according to the higher of the following
1 Adult 2 Adults 3+ Adults
2014 1% AGI/$95 1% AGI/$190 1% AGI/$285
2015 2% AGI/$325 2% AGI/$650 2% AGI/$975
2016 + 2.5% AGI/$695 2.5% AGI/$1390 2.5% AGI/$2085
Exemptions for religious objectors, undocumented immigrants, prisoners, those earning less than the poverty line, members of Indian tribes, and hardship cases (determined by HHS)
Employer Mandate Tax(Jan 2014): If an employer does not offer health coverage, and at least one employee qualifies for a health tax credit, the employer must pay an additional non-deductible tax of $2000 for all full-time employees. This provision applies to all employers with 50 or more employees. If any employee actually receives coverage through the exchange, the penalty on the employer for that employee rises to $3000. If the employer requires a waiting period to enroll in coverage of 30-60 days, there is a $400 tax per employee ($600 if the period is 60 days or longer).
Combined score of individual and employer mandate tax penalty: $65 billion/10 years
Surtax on Investment Income ($123 billion/Jan. 2013): This increase involves the creation of a new, 3.8 percent surtax on investment income earned in households making at least $250,000 ($200,000 single). This would result in the following top tax rates on investment income
Capital Gains Dividends Other*
2010 15% 15% 35%
2011-2012 (current law) 20% 39.6% 39.6%
2011-2012 (Obama budget) 20% 20% 39.6%
2013+ (current law) 23.8% 43.4% 43.4%
2013+ (Obama budget) 23.8% 23.8% 43.4%
*Other unearned income includes (for surtax purposes) gross income from interest, annuities, royalties, net rents, and passive income in partnerships and Subchapter-S corporations. It does not include municipal bond interest or life insurance proceeds, since those do not add to gross income. It does not include active trade or business income, fair market value sales of ownership in pass-through entities, or distributions from retirement plans. The 3.8% surtax does not apply to non-resident aliens.
Excise Tax on Comprehensive Health Insurance Plans($32 bil/Jan 2018): Starting in 2018, new 40 percent excise tax on “Cadillac” health insurance plans ($10,200 single/$27,500 family). For early retirees and high-risk professions exists a higher threshold ($11,500 single/$29,450 family). CPI +1 percentage point indexed.
Hike in Medicare Payroll Tax($86.8 bil/Jan 2013): Current law and changes:
First $200,000
($250,000 Married)
Employer/Employee All Remaining Wages
Employer/Employee
Current Law 1.45%/1.45%
2.9% self-employed 1.45%/1.45%
2.9% self-employed
Obamacare Tax Hike 1.45%/1.45%
2.9% self-employed 1.45%/2.35%
3.8% self-employed
Medicine Cabinet Tax($5 bil/Jan 2011): Americans no longer able to use health savings account (HSA), flexible spending account (FSA), or health reimbursement (HRA) pre-tax dollars to purchase non-prescription, over-the-counter medicines (except insulin)
HSA Withdrawal Tax Hike($1.4 bil/Jan 2011): Increases additional tax on non-medical early withdrawals from an HSA from 10 to 20 percent, disadvantaging them relative to IRAs and other tax-advantaged accounts, which remain at 10 percent.
Flexible Spending Account Cap – aka“Special Needs Kids Tax”($13 bil/Jan 2013): Imposes cap of $2500 (Indexed to inflation after 2013) on FSAs (now unlimited). . There is one group of FSA owners for whom this new cap will be particularly cruel and onerous: parents of special needs children. There are thousands of families with special needs children in the United States, and many of them use FSAs to pay for special needs education. Tuition rates at one leading school that teaches special needs children in Washington, D.C. (National Child Research Center) can easily exceed $14,000 per year. Under tax rules, FSA dollars can be used to pay for this type of special needs education.
Tax on Medical Device Manufacturers($20 bil/Jan 2013): Medical device manufacturers employ 360,000 people in 6000 plants across the country. This law imposes a new 2.3% excise tax. Exemptions include items retailing for less than $100.
Raise “Haircut” for Medical Itemized Deduction from 7.5% to 10% of AGI($15.2 bil/Jan 2013): Currently, those facing high medical expenses are allowed a deduction for medical expenses to the extent that those expenses exceed 7.5 percent of adjusted gross income (AGI). The new provision imposes a threshold of 10 percent of AGI; it is waived for 65+ taxpayers in 2013-2016 only.
Tax on Indoor Tanning Services($2.7 billion/July 1, 2010): New 10 percent excise tax on Americans using indoor tanning salons
Elimination of tax deduction for employer-provided retirement Rx drug coverage in coordination with Medicare Part D($4.5 bil/Jan 2013)
Blue Cross/Blue Shield Tax Hike($0.4 bil/Jan 2010): The special tax deduction in current law for Blue Cross/Blue Shield companies would only be allowed if 85 percent or more of premium revenues are spent on clinical services
Excise Tax on Charitable Hospitals(Min$/immediate): $50,000 per hospital if they fail to meet new “community health assessment needs,” “financial assistance,” and “billing and collection” rules set by HHS
Tax on Innovator Drug Companies($22.2 bil/Jan 2010): $2.3 billion annual tax on the industry imposed relative to share of sales made that year.
Tax on Health Insurers($60.1 bil/Jan 2014): Annual tax on the industry imposed relative to health insurance premiums collected that year. The stipulation phases in gradually until 2018, and is fully-imposed on firms with $50 million in profits.
$500,000 Annual Executive Compensation Limit for Health Insurance Executives($0.6 bil/Jan 2013)
Employer Reporting of Insurance on W-2(Min$/Jan 2011): Preamble to taxing health benefits on individual tax returns.
Corporate 1099-MISC Information Reporting($17.1 bil/Jan 2012): Requires businesses to send 1099-MISC information tax forms to corporations (currently limited to individuals), a huge compliance burden for small employers
“Black liquor” tax hike(Tax hike of $23.6 billion). This is a tax increase on a type of bio-fuel.
Codification of the “economic substance doctrine”(Tax hike of $4.5 billion). This provision allows the IRS to disallow completely-legal tax deductions and other legal tax-minimizing plans just because the IRS deems that the action lacks “substance” and is merely intended to reduce taxes owed.
“...the Supreme Court precedent will do ongoing exceptionally grave damage to the United States of America.”
If the Pubbies have the votes to repeal ObamaCare....they have the votes to impeach the CJ....
Constitution, shmonstitution...
Whatever it is, it is totally opposite fundamental American law.
http://www.freerepublic.com/focus/f-chat/2901810/posts
I don’t like the rationale of Roberts decision one bit. It reeks of cowardliness to me.
That said, I’d rather settle differences at the ballot box than have them settled by unelected lords in black robes.
Sorry I asked.
I wonder if the general public knows about this?
Nancy Pelosi was on the weekend claiming that rebate checks will be sent out soon.
Sounds like a big scam to extort more money.
That information isn't fully out there yet, but Robert's decision allows us to proceed with passing your synopsis on, seeing to it that people are informed so that Obama isn't reelected.
I don't agree. This Supreme Court precedent has in it an incipient good: the fact that ObamaCare exists - as law - will add to Obama's problems in getting re-elected.
ObamaCare lives on; fix it.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.