Skip to comments.The Supreme Court re-wrote ObamaCare in order to salvage it. Now the IRS takes its turn
Posted on 04/09/2013 9:07:24 AM PDT by Oldpuppymax
In their haste to impose an historic affront to individual liberty, the authors of the Affordable Care Act (ACA) neglected to provide the federal bureaucracy with either the funding necessary to build ObamaCare exchanges within the various states OR the authority to award tax credits or impose penalties on the American public.
For when the ACA was written it was foolishly believed by lawmakers that each of the 50 states would immediately take on the near 100 million dollar responsibility of completing an ObamaCare exchange within its bordersan exchange being the sales center without which no ObamaCare business may be transacted, no healthcare policies sold.
But today a desperate Kathleen Sebelius and her Department of Health and Human Services (HHS) have...
(Excerpt) Read more at coachisright.com ...
Maybe someone who has followed this closely can explain to all of us why the ObamaCare Exchanges are needed and how they will function. And, perhaps, why a failure by a large number of states to fund the implementation of these exchanges is a big problem for Obama(Care).
This bill was not designed to work- it was designed to fail, and lead to single-payer system (The govt.)
***Should this obvious IRS attempt to overstep its authority be judged illegal, the Affordable Care Act will have to depend upon cowardly or corrupt Republican legislators and governors to save it from extinction.
Unfortunately thats not the longshot it should be.***
A window of opportunity here. Probably our last ray of hope before it all comes crashing down. It’s now or never ‘Pubs. And some pounding-the-drum support from talk radio would help. How ‘bout it Rush, Sean, Mark, Laura. et al?
Bingo. The most elaborate act of sabotage ever perpetrated on our free-market system, ever. It won’t be long now. I’m counting the months. Not kidding.
Who needs laws when we can get some other government body to intervene?
His crowning achievement will cause his very downfall and when he, Reid and Pelosi go down I want to see it with extreme prejudice.
Dough Book doesn't seem to know constitutional basics, the Founding States' division of federal and state powers in particular, this division of powers evidenced by the Constitution's Section 8 of Article I, Article V and the 10th Amendment. Consequently, the major constitutional problem which Mr. Book has overlooked concerning the Supreme Court's PC green light for Obamacare is the following. Not only have the states have never delegated to Congress via the Constitution the specific power to regulate, tax and spend for public healthcare purposes, but all that the Supreme Court's decision in Obamacare proved is that the Supreme Court is as corrupt as the other two branches of the federal government imo.
More specifically, regardless that Chief Justice Roberts referenced Gibbons v. Ogden in his defense of Obamacare, Roberts "overlooked" that Justice John Marshall had not only clarified in Gibbons that healhcare is a state power issue, but he had also indicated that Congress cannot lay taxes for state power issues, essentially any issues which which Congress cannot justify under Section 8.
"State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress (emphases added)." --Gibbons v. Ogden, 1824.
"Congress is not empowered to tax for those purposes which are within the exclusive province of the States." --Justice John Marshall, Gibbons v. Ogden, 1824.
In fact, here's two more clarifications by the Supreme Court that Congress has no constitutonal authority to address intrastate healthcare issues. In the first excerpt, Justice Barbour expands on the wording used in Gibbons concerning health laws.
"Inspection laws, quarantine laws, health laws of every description (emphasis added), as well as laws for regulating the internal commerce of a state and those which respect turnpike roads, ferries, &c., are component parts of this mass." --Justice Barbour, New York v. Miln, 1837.
And before FDR's activist justices trampled the 10th Amendment in the 20th century, Constitution-respecting justtices had again clarified that Congress has no constitutional authority to stick its big nose into intrasate medical practice.
Direct control of medical practice in the states is obviously beyond the power of Congress. Linder v. United States, 1925.
So not only did the Supreme Court rewrite Obamacare as Mr. Book has noted, but it also wrongly rewrote case precedents which clarifified that the states have never delegated to Congress via the Constitution the specific power to regulate, tax and spend for public healthcare purposes.
Again, the Supreme Court's PC decision concerning constitutionally indefensible federal Obamacare showed that the Supreme Court is as corrupt as the other two branches of the federal government imo.
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