Chief Justice John Roberts rewrote the specific language of Congress by claiming in his ObamaCare ruling that the penalty that the lawmakers had clearly attached to the individual mandate was actually a tax. It was the only way in which the Affordable Care Act could be saved; for the Court rejected the Commerce and Necessary and Proper clause defenses as constitutional grounds for the existence of the law.
By “penciling in” the tax language necessary to satisfy his own requirement of constitutionality, Roberts behaved no differently from any liberal, activist judge so often criticized by conservatives for judicial malfeasance; that is, he cheated rather than rule against a personally favored piece of legislation.
The question is WHY? WHY did the Chief Justice defraud the Court and the American public rather than rule ObamaCare unconstitutional?
In the majority opinion, Roberts wrote: “The Federal Government does have the power to impose a tax on those without health insurance. Section 5000A (the individual mandate) is therefore constitutional, because it can reasonably be read as a tax.”
No, Mr. Chief Justice. Section 5000A may be reasonably re-written BY CONGRESS as a tax, but it may not be READ that way because that is NOT the way in which Congress WROTE it! A great many laws may be reasonably re-written into something they are not, thus bringing them into line with the personal views of justice, propriety, or constitutionality held by the judge preforming the artful edit. But that is not the proper role of a Supreme Court Justice.
As Justice Scalia writes in his dissent, “…Although this Court will often strain to construe legislation so as to save it against constitutional attack, it must not and will not carry this to the point of perverting the purpose of the statute…or judicially rewriting it.” In short, the Supreme Court must not “… rewrite [a] statute to be what it is not.”
So why did the Chief Justice do just that? Was it because:
1.) Roberts is so adamant about going down in history that he is willing to do it by making a ruling devastating to the liberty of the American people?
2.) Roberts is in reality a conservative activist? Knowing a majority of Americans favor the end of ObamaCare and its creators, he believed his ruling would rouse conservatives across the nation to the defeat of Obama and repeal of the law?
3.) Roberts actually believed what he did to be right and proper?
Chief Justice Roberts cunningly transformed the ObamaCare individual mandate penalty into a tax and then chose to ignore the necessity of defining the type of tax he had created. After all, giving a name to the tax would have required Roberts to show that Congress had the constitutional authority to impose and collect it!
Exactly why he did all of this, we may never know. If by reason of arrogance or misdirected activism, it would be alarming. If because he actually thought it right, it would be terrifying. After all, this man might be the chief justice for another 3 decades!
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WELL WELL:: When enough money is offered even the best and the honest are swayed. Obama offered enough Or threatened enough that Roberts CAVED end of story.
There is bribery money, there is the treat of physical violence to you – or your loved ones, and then there is blackmail – like the child porn found on your laptop (whether you put it there or not).
With the exception of Spc. Michael New and Lt.Col. Terry Lakin, the sworn oaths of our elected officials and our other federal employees (including those in the judiciary and the military) are worthless, because those oaths were sworn without the personal honor necessary to make them meaningful.
Iceman you may be right, but I think Mr. Book got it right in his article when he wrote:
“2.) Roberts is in reality a conservative activist? Knowing a majority of Americans favor the end of ObamaCare and its creators, he believed his ruling would rouse conservatives across the nation to the defeat of Obama and repeal of the law?”
You are so correct Iceman. Those that think Roberts is an activist, trying to motivate conservatives are wrong. I believe he was either bribed, threatened, or both to change the law as written to fit his rationale for voting for it. He is wrong and should immediately resign. The role of our supreme court (notice lower case) is not to legislate from the bench as the Warren Court frequently did.
KNOW THIS IS OUT OF PLACE, BUT POSTING IT EVERYWHERE I CAN: McConnell talking soft on repealing Obamacare. Are you kidding us:
http://www.breitbart.com/Big-Government/2012/07/03/McConnell-Ready-to-Cut-and-Run-from-Repeal#comments
ACTION ALERT:::
I’ve never liked McConnell cause he has no bells…Just another turncoat RINO. I do not know how much truth is in this story, but as a TEA Party organizer I am not gonna sit and wait for limpd**ck to make up his mind. I’ve sent out a mass email to thousands of TP members with this story and have suggested that every one of them call McConnell’s DC office…EVERY DAY UNTIL OC IS REPEALED. We are past the point of being PC and polite. If you would like to join us in this, McConnell’s DC office number is 202-224-2541. We intend to barrage him with constant calls with one simple message. YOU DO EVERYTHING IN YOUR POWER TO REPEAL OBAMACARE OR WE WILL CONTRIBUTE OUR LAST NICKEL TOWARD BASHING YOUR BRAINS OUT IN YOUR NEXT ELECTION. EVEN IF THAT MEANS REPLACE YOU WITH A DEM…AT LEAST WE WILL KNOW WHAT WE GET WITH THE LEFT. WE THE PEOPLE HAVE BEEN ABUSED BY WASHINGTON AND RINOs FOR FAR TOO LONG AND WE WILL NOT STAND FOR IT ANYOMORE. MITCH IS SAFE FOR THIS YEAR BUT WILL HAVE TO FACE THE VOTERS IN 2014.
McConnell and the rest of the Republicans had best realize this is their last chance with many of us (No more George Bushes!!!). If they compromise on this one their party is dead. A third conservative party should arise and displace the RINO party ala the Whigs of the 1850′s. The Constitution Party is saying all the right things but hasn’t caught on yet. I’m just about ready to defect.
Umreb78 you fail to remember the dems have control of the Senate. The House can repeal obamacare as many times as they want, but McConnell will never get it for a vote on the floor because of Harry Reid. Even if it were repealed obummer would veto it and I don’t think there is a 2/3 majority to override his veto. This will need to wait until the Senate is in Republican hands and obummer is gone.
Being in NV and watching the last election, had it been honest, Scary Greed, would not have won. HE called in all of his IOU,s! Should I say voter fraud?
Well put Unreb78, regardless if the Senate keeps rejecting the house attempts, every person in America should be phoning, emailing, faxing, texting even writing it on walls. Remove the treachourous, lying fraud we have as a wannabe president and remove him in a manner which makes all his treachourous executive memos worthless. Anything proposed or put in by ovomit should be declared null and void. Like it never existed, then maybe over time he will be come a memory of a dreadful nightmare expreienced by most of america.
Well, I laugh now when I hear commentators call Roberts, “the ‘conservative’ chief justice.” I fear we have another stealth liberal ala David Souter. I suppose he will go down in history: right next to Earl Warren, Bendict Arnold and Judas Iscariot. If this was a pride thing rather than a Constitutional thing then he is unfit to serve and should be impeached. I fear we will now learn what it is like to live in a post- Constitutional America.
How is a Supreme Court Justice impeached? Who has that power?
llawson
Can be impeached; but do you honestly think that would stand half a rabbit’s chance concerning Roberts or any SC justice? One mite as well be wishing they lived on Mars, which i snot a bad idea the way things are going…
A Supreme Court Justice may be impeached by the House of Representatives and removed from office if convicted in a Senate trial, but only for the same types of offenses that would trigger impeachment proceedings for any other government official under Articles I and II of the Constitution.
Michael– Deo Vindicabamur
@llawson
Actually by the way Roberts interpreted the US Constitution, he done NOTHING wrong. He simply read the US Constitution as a Living Document which means he read it the way he wanted to, or the way *HE* understood the US Constitution. Or you could say he read it with a loose and liberal interpretation. There is ABSOLUTELY no law against him doing this. Matter of fact it is encouraged today and taught in public education, including universities and Law School.
People MUST grasp the concept that it is the way the US Constitution is interpreted, as is most all documents that allows for such liberal and loose interpretations. That is why Roberts can’t be accused of doing anything wrong. Sadly the US Constitution was meant to be interpreted “strictly”, as was the Scriptures with the parables being represented figuratively, as in relation too. Remember, we now also have a Living Bible….
Michael– Deo Vindicabamur
Why does any traitor do what he or she does?
I am still convinced that unrighteous leaders will draw unrighteous servants, be it cabinet members or judges, who will most likely seek to please those that are in power. Unrighteous men/women will produce unrighteous actions.
Read the Books of 1 & 2 Kings and 1 & 2 Chronicles. Just as God used heathen nations and unrighteous leaders of Israel to draw the hearts of the Israelites back to Himself, so too is He using Iran, Russia, China and this unrighteous administration to draw the hearts of Americans back to Himself. And just as the Israelites refuse to listen to the truth, so too do the Americans refuse to listen to the truth.
To read America’s future or lack thereof, google: “Hand of Help” and click on Dreams/Vision, then click on Pastor Dumitru Duduman and click on “1984 The Message For America.” Or google: “Watchman On The Wall, America ~ Mystery Babylon?”
I KNEW DURING HIS CONFIRMATION HEARINGS AND WHEN HE STATED HE LIKED TO USE FOREIGN LAW TO DECIDE CASES FOR THE AMERICAN PEOPLE–THAT JOHN ROBERTS WAS A GLOBALIST AND WAS NOT FIT FOR A POSITION ON THE SUPREME COURT!
NOW IT IS OBVIOUS THAT JOHN ROBERTS IS A MARXIST GLOBALIST–AS ANYONE WHO WOULD SUPPORT THE TAX OF OBAMA CARE IS SUPPORTING SOVIET STYLE COMMUNISM AND REPRESSION!
JOHN ROBERTS IS AN EVIL MAN–WITH HIS DELIBERATE UNCONSTITUTIONAL RULING–HE NOW HAS BLOOD ON HIS HANDS–AS OBAMA CARE TAX LIKE IN OTHER NATIONS WILL ACT TO MURDER MANY PEOPLE “THEY DEEM” NOT WORTHY OF LIFE–NOT WORTH THE EXPENSE.
Absolute cowardice! He is not willing to lay down his life for America. He fears the Muslims of America, ACLU, Black Panthers, ACORN, the Chicago Mob, etc. will kill him and his entire family. How pathetic for a conservative, patriotic American to give into these ungodly people. I saddened and ashamed I am for this man.
Our founding fathers wisely protected us from ourselves; our own selfish, lazy mob mentality. That’s why we were a Republic and not a Democracy; a government of laws, not men. I fear that we may have just witnessed the last brick fall from that carefully constructed wall of defense against our own worst natures.
Mr Roberts was wrong. Judges are supposed to be special. Yes, Mr Roberts, it was your job to protect the people from the consequences of their political choices. The people are foolish;
you were supposed to be wise for us. But you chose the lazy, ordinary road, and you will have eternity to pay for it.
JOHN ROBERTS WILL HAVE ETERNITY TO PAY FOR HIS EVIL RULING–HIS CATHOLIC SACRAMENTS WILL NOT SAVE HIM!
John Roberts is following Earl Warren’s lead in ignoring the Constitution and all other laws to impose his
lawlessness upon all Americans.
Roberts caved in, as Far as I am concerned is, because some thing in his past was discovered by the Obama Gang and they told Roberts if he didn’t find a way to go with Obama they would let it out what he did to some one in his past, or Bush told him to go with Obamacare. Remember the family is for thye New World Order, where only the rich elete will be allowed to live an d the rest of become slaves to them. Cna’t work or produce some thing you die. That’s what Obama promises us with Obamacare. If it was not for Bush Obama would not be President, the Bushfamily, father and son are always visiting Obam at the White House. We the people can never trust our Federal Government and Presidents and their gang again, if we beat Obama we might have a chance at bringing our America back, Land of the Free and the home of the Brave.
People people….
All of you have it wrong! Well mostly wrong at least.
There is no one yet that I have read that knows exactly why Roberts voted the way he did. I have no phd of history, political science or economics yet state the correct reason, but I am gonna tell’ya right, in short, and if you want more info I’ll provide it.
When the US Constitution was first broken it was broken by the way it was interpreted. Before it was broken the US Constitution was read in the strict sense. There was no inferences or different ways to read it. The SCOTUS was actually the safeguard that made sure no one or any group tried to pass authority/law unto the public unless it met the strict interpretation of the US Constitution. Of course there are some clauses that *appear* vague at first reading, but this is a very narrow window, which can still be interpreted with a strict under understanding.
Originally the POTUS misinterpreted the US Constitution in order to satisfy his own personal thoughts and desires. he president before him said he had not the power to interpret the US Constitution the way it interpreted when it was broken. And later on, even the SCOTUS claimed no laws were broken by those opposing the the president who had misinterpreted the US Constitution.
The president got away with misinterpreting the US Constitution and every president since has followed this precedent. Eventually and starting shortly after the this first misinterpretation the congress started doing the same, and eventually the SCOTUS started doing the same.
Today we see this blown full scale by the crazy and multitudes of unconstitutional laws passed, signed by the POTUS and then upheld by the courts. The HealthCare Law is nowhere near the first unconstitutional law passed and upheld by the SCOTUS, it is only one of the worse of recent times.
Now you ask; what is it or how is it these branches of government are all misinterpreting the US Constitution? It is done by the way people *”THINK”* the US Constitution should be read and understood. NOT by any set standards that defines the US Constitution can ONLY be read ONE way!
This LOOSE and varying way of interpreting the US Constitution is enacted by automatically the US Constitution as being a “LIVING DOCUMENT”. This means it is always open to interpretation and subject to change according to the times, or as time dictates.
From this understanding and acceptance of interpretating the US Constitution it should become self-evident that ALL courts judges, and specifically the SCOTUS are guilty of mus-representing their education.
This also applies to practically every member of congress and ALL US Presidents for the past several decades.
For it is IMPOSSIBLE to be a Republic when there are NO constant defining laws defining what a Republic is and those laws are open to reinterpretation daily. This effect, taken to the extreme can mean, yes means no and no means yes or either sometimes…. There is just no solid foundation to make ever lasting laws and this is exactly what the president done who first broke the US Constitution.
Today n the case involving the SCOTUS, it didn’t matter if it was Roberts who interpreted the US Constitution differently, making the majority opinion. It could just as easily been Scalia or Thomas. The point is, the way people are educated today, it doesn’t matter how intelligent they are, if they are taught a certain way and continue to believe that way, they will base their whole lives that and any decisions that can effect many many other people.
The president who first broke the US Constitution eventually admitted that he had destroyed the Republic and now you know why he said, and you should be ashamed at the consequences it has meant for countries and millions of people!
Michael– Deo Vindcabamur
John Roberts just went from the side that Loves Freedom and Liberty to the side that Loves Socialist Slavery. As some have noted, Bill Clinton knew of Obama’s ineligibility and considered pushing the revelation. But, when they(Chicago Mob) threatened Chelsea, he caved and shut up. The SCOTUS has refused to hear at least 20 cases on Obama’s lack of eligibility. With Trillions and Trillions of Fiat Dollars involved, the Mob can offer Gold or Lead, you know the meaning of that in Mob Speak, If almost anyone was offered 20 Billion dollars and an Island in the Caribbean or kill him and all of his Family, what would a really thinking man do, would he change his mind and become a Traitor; yes he did.
Hey everyone stop and think…. Any Bill requiring tax revenue MUST originate in the House of Represenatives, the Health Care Bill originated in the United States Senate! Just because the Supreme Court rules it to be a tax does not change the fact that it originated in the wrong body.
When Obama claimed it was not a tax this allowed the Bill to originate in the Senate. When Obama’s legal team presented their argument before the Supreme Court they claimed it was a tax (fraud) so if it is a tax then it should have originated in the House but it didn’t. How can this possibly be legal?
Why does this surprise anyone, remember the Warren Report? If a Supreme Court Justice will aid in the cover up of his own Presidents assassination why would one care about your freedoms?
I knew the cunning ‘strategery’ of Chief justice Roberts wouldn’t go unpunished! An explanation: SCOTUS is not about to break with 100 years of tradition when it comes to EXPANDING our ‘corrupt beyond repair’ government to ever larger dimensions, since SCOTUS represents 1/3rd of this selfsame government. Obamacare is clearly and abundantly unconstitutional on many levels. But Obama (America’s 2nd communist president – the 1st being FDR, who was a crypto-communist) is an admitted student of FDR’s presidency… which means he would not have hesitated to “pack the court” as FDR had once threatened, just to get Obamacare declared constitutional. Roberts, not wanting to lose his position in an expanded Court, conceived a brilliant way out of his personal predicament: he sided with ‘the Left’ by having ‘his’ majority declare Obamacare to be a TAX. In so doing, he avoids the unspoken promise of a packed Court while simultaneously – and singlehandedly – nullifying Obamacare. How?? Read this article from Examiner.com: “Obamacare Now Invalid Because Tax Bills Must Originate In The House”
However, in spite of Chief Justice Roberts’ intellectual kung fu, two facts remain:
1) Most conservatives may not be aware of his strategy, and will likely continue to scorn him; and
2) Because most Americans will NOT see the truth of this, will continue to argue that Obamacare is ‘merely’ unconstitutional – and consequently will be roundly ignored by America’s lefty-socialists, statists, and the Powers-That-Be.
AS A RESULT, OBAMACARE WILL PROCEED AS PLANNED.
But does any of this really matter? One singular set of facts remain:
A – This direction has been the fixed and determined course of the globalist ruling class for over 100 years, since before the Federal Reserve Act.
B – Both political parties have been captured, along with academia, the press, and other institutions – under the direct collaboration of a foreign power – the Bilderberg Group.
C – Because of the foregoing, no number of elections will alter the course we are on. Don’t deceive yourselves. The globalists are counting on the American illusion of peaceful change at any price; that won’t happen as long as they control the ballot boxes, the airwaves, and soon the internet itself if they have their way. And if they can succeed in herding more Americans into the cities, our children’s children will be indoctrinated according to the globalists’ model, thus closing the circle and condemning the USA forever.
D – The only remedy at this late date that will effect real meaningful change IN TIME is the recognition of the morality and necessity of taking up arms. The only thing stopping America is our own cognitive dissonance – our twin delusions of “it can’t happen here” and “we can still vote the bums out”.
Before you think I’m advocating the overthrow of our form of government, wrong. Wake up. It was overthrown by the same culprits I speak of, but it happened years ago. How else can you explain 50,000 tyrannical ‘laws’ including the “Patriot” Act, Patriot 2, Patriot 3, NDAA, the Enemy Belligerent Act and the Enemy Expat Act? How do you explain the modern police state? The whole of our federal scientific apparatus working feverishly to create weapons of mass control, from acoustic cannons and millimeter energy weapons to tasers and ultra-low-frequency puke-o-matics? What about the 750 million rounds of hollowpoint ammunition purchased JUST in the last 3 years for explicitly domestic use? What about the hundreds of millions of rounds that are planned to be purchased in the very near future??
I appreciate the issues discussed here and throughout the independent press on the net, but Americans are going to have to decide – SOON! – whether to live free on their feet, or as slaves on their knees. Necessity demands it, morality compels it, posterity begs it!
Chicago Dems already doing their thing:
“Outside money flowing into 17th district – (Bobby Schilling (loving father of 10 and grandfather of 2) is running against Durbin’s goddaughter) Bobby Schilling needs our support!
Pelosi said the road back to her speakership is through redistricted Illinois! We must not let her get the gavel back!
https://reelectbobby.com/donate
http://qctimes.com/news/local/outside-money-flowing-into-th-district-race/article_95cbe47c-c62a-11e1-b436-001a4bcf887a.html
The Washington Democrats are desperate.
They know they can’t win on the issues, so they’re trying a familiar tactic: lies and distortions about Bobby’s record.
Within the next couple weeks, you or your friends here in the Illinois 17th will likely get a phone call about health care from a Democrat Congressional Campaign Committee representative.
They know they’re in trouble on the health care issue, so they will do anything they can to distort Bobby’s position on health care.
Here’s a sample of what you will likely hear and why it’s false:
LIE #1: “Bobby Schilling wants to take coverage away from people with pre-existing conditions like asthma, heart disease, and cancer…”
FACT #1: Bobby SUPPORTS the coverage of people with pre-existing conditions, and has said so repeatedly. Bobby wants straight up-or-down votes on individual ideas and bills to help people with pre-existing or expensive conditions, such as his Charity Care Tax Deduction Act, which incentivizes doctors to provide charitable health care to those who can’t afford to pay.
LIE #2: “Bobby Schilling wants to cut back your health benefits…”
FACT #2: The Washington health care overhaul will force countless people to lose their doctors or insurance plans. Moreover, the misguided law has already begun to cost Americans jobs—and the benefits that come with those jobs. Bobby supports REPEALING the health care overhaul specifically to protect those who already have health benefits, and to make sure employers don’t have to choose between hiring workers, keeping staff, and providing health care to their employees. Repealing the health care overhaul will save jobs. Plain and simple.
LIE #3: “Bobby Schilling wants to throw kids off their parents’ insurance…”
FACT #3: Major insurance companies like Aetna, UnitedHealth, and Humana announced before the Supreme Court’s health care ruling that they would allow children up to age 26 to stay on their parents’ insurance plans whether the health care overhaul was overturned or not. Bobby supports this free-market decision and is working to back it up with simplified legislation.
LIE #4: “Bobby Schilling would roll back prescription coverage for seniors…”
FACT #4: The health care overhaul raids $500 billion from Medicare and is already forcing some seniors to change health care plans, doctors, or both. Bobby wants to defend Medicare and restore the $500 billion that his predecessors in the Pelosi congress stole from retirees. Put plainly: Bobby doesn’t want to take things away from seniors, he just wants to force Washington to give back what his predecessors STOLE from seniors.
The honest truth is that the American people were sold a 2,000-page BILL OF GOODS. Washington insiders promised America everything but the moon and instead gave us nearly $2 TRILLION in debt—the estimated cost of the health care overhaul.
It’s time to get rid of this bill and replace it with common-sense, free-market reform. That’s Bobby’s real stand.
Are you with him? Good. Then forward this email to 10 of your friends.
We want to make sure anyone who gets a call from the DCCC filled with their Washington lies about Bobby’s record is armed with the truth.
You can check out more of Bobby’s plans for better, patient-centered, free-market health care reform here.
Thank you for your continued support.
Sincerely,
Terry Schilling
P.S.: Don’t you just hate it when politicians refuse to own up to their mistakes and bad ideas? That’s usually when they start lying about their opponents and hoping no one notices. Well, we noticed. Forward this email to 10 of your friends to help Bobby Schilling combat LIES with FACTS!”