John Roberts is said to be quite concerned about the way in which history will view his tour of duty as Chief Justice of the Supreme Court. Well, he doesn’t have to worry any longer; for his remarkable decision allowing Congress to impose a tax improperly and in a previously unconstitutional manner will secure his place in Court history for all time.
Very few—including Obama himself—believed that the scheme of presenting the individual mandate penalty as a tax would pass constitutional muster. The DOJ included the “the penalty is actually a tax” argument in an ObamaCare brief to the Supreme Court, to be sure. But that was a typical lawyers’ game of “throw everything against the wall, and see if it will stick.” It was upon the Commerce Clause powers of Congress—and to a lesser extent the Necessary and Proper clause– that the DOJ and Solicitor General Donald Verrilli depended to convince the Court that the mandate was constitutional.
In fact, Obama himself told the American public that the penalty was NOT a tax, as did White House budget director Jeff Zients.
“So if I am part of a family that does not buy health insurance in violation of the president’s health-care program and I have to pay [a fine] because of that, that is not a tax increase – that is not a tax on me?” asked Congressman Scott Garrett of Zeints. “The Affordable Care Act saves money,” Zeints evaded. But Garrett reminded the budget director that a moment earlier in his testimony, Zeints claimed there would BE no tax increase. “So [the mandate penalty], that’s not a tax,” pressed Garrett? “No,” Zeints responded.
Indeed, nowhere in the massive text of the Affordable Care Act is the individual mandate referred to as a tax. Although ordered to be collected by the IRS, the mandate is deliberately and diligently referred to as a “penalty” throughout. The reason? “To be a constitutional tax, it must be an excise tax, an income tax, or a proportional capitation tax.” These are the ONLY types of tax that the United State Congress has a recognized, constitutional power to impose. Cato Institute policy analyst and law professor Dave Kopel explains:
The 16th Amendment grants Congress the power to “collect taxes on incomes, from whatever source derived.” The Supreme Court has defined “derived” income to mean “undeniable accessions to wealth.” Here, the mere refusal to purchase a product is not any kind of “income” or accession of wealth.
Likewise, the penalty cannot be an excise tax. An excise tax is imposed on an event or item, such as the acquisition of a machine gun. Again, there is no event to be taxed, and never in American history has a federal excise tax been imposed on an American’s inactivity.
Thus, the tax is constitutionally a “direct tax” – similar to a head tax, or a tax on real estate. The Constitution requires that such taxes be imposed “in Proportion to the Census.” The mandate penalty is not so apportioned.
Kopel’s conclusion is startling:
The Obama tax theory, in effect, would give Congress the power to make laws on any subject, impose a fine for noncompliance, have the IRS collect the fine, and then claim that the entire regulatory structure is part of the tax power. The result would nullify Article I of the Constitution, which carefully grants Congress 18 specific powers – and does not grant a general power to legislate on everything.
With his ruling, Chief Justice John Roberts gives the impression of a judge desperately searching for a way to find a buddy’s illegal argument legal. As experts in the field of constitutional law comment on his decision, they must conclude that the Justice eliminated what little remained of the liberty we the people were asked by the Founders to safeguard for ourselves and future generations. What a disgrace. What a tragedy.
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I agree, Roberts is nothing but a “Chief Traitor.” He should be charged with TREASON along with the other four U.S. Supreme Court Judge-Traitors — Kagan the ‘pagan,’ Sotomoyer, Breyer and Ginsburg. Someone on another site told me not to judge Roberts. Well, talk about judging. These child-killers on the U.S. Supreme Court, in our U.S. House and Senate and in our White House are judging and condemning to death millions of innocent unborn Americans, America’s future. Now, they are gonna judge and condemn to death our elderly, handicapped and sick population. Our very lives are on the line, America. “Run for your lives.” See website: http://www.haasstrep68.com
Now we know why the U.S. Supreme Court refused to take any of the eligibility cases against Obama:
U.S. President Barack Hussein Obama II and U.S. Supreme Court Chief Justice John Glover Roberts, Jr. both are graduates of the Harvard Law School. Harvard Law School was where the Progressive Revisionist movement began to transform American jurisprudence from individualism to socialism.
Roberts attended Harvard College and Harvard Law School, where he was managing editor of the Harvard Law Review and graduated in 1979.
Obama attended Columbia University and Harvard Law School, where he was an editor of the Harvard Law Review at the end of his first year, and president of the journal in his second year of the Harvard Law Review and graduated in 1991.
BIRDS OF A FEATHER FLOCK TOGETHER. HOW COULD ANYONE EVER BELIEVED A HARVARD LAW GRADUATE WAS A CONSERVATIVE?
###
Refusal to take up the eligibility issue is another unjust decision by the Supreme Court–its clear Barack H. Obama is not constitutionally qualified to be president–Barack H. Obama is not the de jure president–but rather the de facto president!
I would like to believe (but do not at the present moment necessarily believe) that Chief Justice Roberts had wholesome reasons for supporting the liberal position on Obamacare; i.e., 1) his inerest in validating the court as a non-political arm of government, and 2) his interest in permanently hanging the albatross of bad policy around President Obama’s neck. The 55 to 59 % of the population (depending on which polls you choose) who reject Obamacare are now irrevocably dedicated to kill it by the only means available; that is the election of a republican president in November.
Let’s pray that these are truly Justice Robert’s motivations – and that they will produce fruit in four months.
WELL WELL:: Stop and think about it What this decision does is the following !! It gives Congress and the Government the AUTHORITY to STIPULATE if you don’t buy 2 Lbs Carrots,2Lbs,tomatoes,4Lbs broccoli a week we will tax you,If you continue to allow children to eat McDonald’s burgers and fries we will tax you. If you do not buy the specific type of Hybrid electric clown car we tell you to we will tax you,If you fart twice a day we will tax you.ETC. IT will NEVER END. WELCOME TO THE WE WILL TAX YOU DICTATORSHIP OF OBAMA.!!!
WAIT UNTIL THE CONGRESS AND OBAMA GOVERNMENT STIPULATE THAT ALL PEOPLE HAVE TO WEAR A MONITOR TO RECORD HOW MANY BREATH ARE TAKEN A DAY SO THEY CAN TAX THE PEOPLE FOR OXYGEN USAGE AND EXPELLING CARBON DIOXIDE !!!
BEAUTIFUL – remember the Beatle’s song about the taxman? The line I remember most is:
“if you (take a walk?) they’ll tax your feet.”
Something like that. I used to refer to that jokingly. Never in my wildest imagination did I realize the truth of it.
At least we now KNOW beyond a shadow of a doubt…no more hmming and hawing…that it is us, the People, who will have to step over top of these a**wipes and do the job ourselves. I doubt if the bozos realize how they have sealed their fate.
Teri Varga
McSherrystown
PS – make sure everyone you come in contact with confirms they are registered to vote (30% of americans don’t realize they arent’t) and VOTE for their lives in November.
One correction Tish on your PS, under obum everyone is registered to vote! dead, A dog, wet back, all are loyal o (lower case) supporters.
theOraCal – Beautiful! Thanks for the belly laugh – I REALLY NEEDED IT, friend.
Teri Varga
I knew when Roberts was in confirmation hearings that he was a Globalist [he believed in using foreign laws to make rulings for American citizens]–and now I know he is a Marxist globalist–John Roberts is a traitor!
I never liked him and I never approved of him being admitted to the US Supreme Court!
We have the Marxist globalists, namely Karl Rove and G.W. Bush to thank for this evil!
Thank you, George W. Bush, for your efforts in destroying the United States Constitution, thereby bringing America to her knees! So help me, God: I voted for you, and believed in you. You are to be held responsible for your tyranny. You appointed this turncoat, this traitor to the highest court in the Land: SHAME! Justice Roberts: thank you for your part as well. There is no honor, justice, and moral turpitude remaining in America anymore.
Don’t forget Bush appointed this guy so what does that make Bush. Just another Rat in sheep’s colthing, The New World Order.
This is the most bastard decision of a supreme court. Yes, the doors are open now. What in the sam hill were they thinking? Particularly Roberts.
The united States of America is dead and no longer exists. The Country needs a new name such as the United Communist States of America (UCSA). The Supreme Court might as well have ruled the Constitution is unconstitutional and be done with it since they have been chipping away at it for many years.
CATZPAW – yes. I hear the desolation and rightful sense of betrayal in your post. I, too, feel that way. But, one more time: pick yourself up, use your pain and anger to raise the banner of American justice by encouraging your family and friends — your neighbors – everyone…to be sure they’re registered to vote and then VOTE. I have my own theory about this November and what oshitthead it going to do to enforce martial law…but I cannot turn my anger on our people….I must do what I can, with whatever constitutional power I have, to be sure my family, friends, neighbors, I are VOTING this year. It’s our last and only chance to start the process of re-building our beloved Republic. Stock up on water, food, medical kits, etc. Especially, stock up on ammo for your guns,
Patriot in McSherrystown, PA
Teri Varga
Hang in there – there are a lot more pissed off American Citizens than you might think!
Chief Roberts appears to be a wolf in sheeps clothing on this and a total traitor. Is it possible that he gave Congress the perfect weapon with which to destroy Obamacare? I think that this may be a way that he could stick a knife into Obama without being overt about it. Everybody probably remembers when Obama made his crack about SCOTUS at the State of the Union address and Roberts looked aghast and shook his head. I have been counting on Roberts getting even for that rebuff in some way. What he has done is totally anti-Constitutional and has pointed out that the government can’t make us pay for anything that is not a tax on some sort of personal property or income gain. The fee must be called something other than tax. It also makes Obama out to be a liar since he has stated over and over that if you make less than 250,000 dollars a year you would be charged no new taxes. I also think that he has guaranteed that Romney will beat Obamas’ ass in the coming election. In one day since this ruling Romney s donations for his campaign have sky-rocketed. 4.5 million dollars in one day! Chief Roberts is being perceived as a skunk and a traitor, but maybe just maybe he saved the country. I hope I’m right about this and Roberts delivered the death blow to Obamas’ Liberalist Progressive agenda.
LATINOS FOR HONEST GOVERNMENT
Help us to spread the truth, pass this on and help us to take our country back.
http://www.westernjournalism.com/
The Obama care decision is in fact a political ideology that ones again trashed our Constitution.
Fellow Americans, the Obama administration is an arrogant and out-of-touch government of self-appointed elites that makes decisions, issues mandates, and enacts laws without the consent of the people or accepting or requesting the input of the people of this United States. Obama the self proclaim unchecked Dictator, with a compliant legislature, and an overreaching judiciary have combined their power to demise our Constitution and thwart the will of the people and overturn their votes and their values, striking down long-standing laws and institutions and scorning the deepest beliefs of the American people. Taxation. Obama-care, Rising joblessness, crushing debt, and a polarizing political environment are fraying the bonds among our people and blurring our sense of national purpose.
Fellow Americans, nothing matter but our U.S. Constitution, we must defend it before this corrupt system of government destroy our freedom and liberty. On July 4ht on celebration of our independence we must pledge to dedicate ourselves to the task of reconnecting our highest aspirations to the permanent truths of our founding by keeping faith with the values our nation was founded on, the principles we stand for, and the priorities of our people. This is our Pledge to America. We pledge to honor the Constitution as constructed by its framers and honor the original intent of those precepts that have been consistently ignored – particularly the Tenth Amendment, which grants that all powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. We pledge to stop the corrupt lawyers of this United States from trashing our constitution with their ill legislations that demise the rights of the people, we honor families, traditional marriage, life, and the private and faith-based organizations that form the core of our American values.
The need for urgent action to repair our economy through a fair trade policy, to enforce our immigration laws, to protect our people by securing our borders and stop our government from military intervention on the pretense of national security and best interest of this United States, and reclaim our government for the people cannot be overstated. Like free peoples of the past, our citizens refuse to accommodate a government that believes it can replace the will of the people with its own. The American people are speaking out, demanding that we realign our country’s compass with its founding principles and apply those principles to solve our common problems for the common good.
Fellow Americans, America is more than a country, it is freedom and nothing matter but our Constitution. In order to preserve our freedom, We pledge to make our government more transparent in its actions, careful in its stewardship, and honest in its dealings. We pledge to advance policies that promote greater liberty, wider opportunity, a robust defense, and national economic prosperity.
We pledge to uphold the purpose and promise of a better America, knowing that to whom much is given, much is expected and that the blessings of our liberty and the hopes of Americans is not place in jeopardy by greed nor corruption. We make this pledge bearing true faith and allegiance to our country the The Unite States of America, and we invite fellow citizens, permanent residents of our country of all nationalities and our American patriots to join us in forming a new governing agenda for America.
We must strengthen the federal government by redirecting its time, energy and resources toward those objects for which it bears express constitutional responsibility. Our Government is a government of limited and enumerated powers. The power not delegated to the federal government by the written Constitution is reserved to the states or to the people respectively.
We must stop the trashing of our Constitution at all cost.
The Fredom Movement – posted by Juan Reynoso
http://www.usconstitution.net/consttop_reli.html
Hmm, let’s see..Roberts is from Harvard Law, radical marxist Kagan taught Obama at Harvard Law, Bush was from Harvard, all the Kennedy’s went to Harvard and cheated, Cloward and Piven teach communism at Columbia where Obama somehow managed to attend without any grades at Occidental to warrant his admission, (except Affirmative Action), do the East Coast elites believe in our Constitution or a dictatorship of the Communist Manifesto? Marx stated the “socialism is just a step towards communism”..
I think we made a big step yesterday! Better read Mark Levin’s “Ameritopia” to understand what is going on here…time is short.