Saturday, November 3, 2012

Obamacare and the Supreme Court

It was a sad day for all citizens of the United States when the Supreme Court, led by Chief Justice Roberts, ruled that Obamacare, as it is known, is constitutional. It was highly anticipated that the liberal side of the court would blindly kowtow to the wishes of this administration, but equally expected was that the justices endowed with some level of good sense would recognize the unconstitutional aspects of a ridiculous law. Justice Roberts, in a grand display of idiocy, sided with the liberals on the court and actually wrote the opinion for the majority upholding the law as constitutional. I have to wonder if he, or any of the other justices, has ever read the constitution. The interesting part of this whole debacle comes from his Honor's own majority opinion. From the written opinion: "If an individual does not maintain health insurance, the only consequence is that he must make an additional payment to the IRS when he pays his taxes." He adds "the mandate is not a legal command to buy insurance. Rather, it makes going without insurance just another thing the government taxes, like buying gasoline or earning an income".
The Obamacare bill, which was passed by Congress, is a healthcare bill which provides (amongst many other absurdities) penalties for people not having health insurance – it is not a taxation bill and it does not address the penalties as being a tax and was not passed as a tax law. (This bill and its implementing regulations contain over 2,100,000 words. The Bible has approximately 830,000 words. Did the justices read that?)
The reason I find this so interesting is that only the Congress is empowered to levy taxes. Not the Supreme Court! With good reason. The Congress is elected by, and supposedly mandated by, the populace to represent them in all matters. The justices are appointed and haven't the same oversight afforded the people as with the Congress. A direct quote from the constitution states: "The Congress shall have the power to lay and collect Taxes, Duties, Imposts and Excises, to pay the debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;"
How do these majority justices, led by Roberts, feel the Supreme Court can mandate a tax on anyone for anything? By the way, the taxation on gasoline to which he refers is, by the court's own rulings and definitions, considered an "indirect" tax. In that light a taxable consequence is only generated by the action of the ultimate taxpayer (i.e., the purchase of gasoline or goods and services, etc.) and the tax is collected by an intermediary, such as a gas station or retail outlet, and it is paid to the government by the one collecting the taxes. An "indirect tax" is completely different from a "direct" tax. A direct tax, such as the income tax, is levied upon the individual and paid directly to the government. The Supreme Court, with fewer liberals who don't know or care about the constitution on the team, has repeatedly ruled that "direct taxes" must be levied on an equal basis (albeit different brackets within the income tax system are allowed) and never in U.S. law has there ever been allowed a direct tax levied disparately upon different individuals. Justice Robert's written opinion makes it obvious that he, and the majority justices, believe they can determine the need for, and mandate a direct tax on the distinct group of citizens who do not have health care insurance. A direct taxation levied by any government must meet exceptionally high standards or risk becoming the very thing which caused the founding of the United States.

"The unconditional, inexorable aspect of the direct tax was a paramount concern of people in the 18th century seeking to escape tyrannical forms of government and to safeguard individual liberty. An 18th century writing about this kind of taxation explained:
“ The power of direct taxation applies to every individual ... it cannot be evaded like the objects of imposts or excise, and will be paid, because all that a man hath will he give for his head. This tax is so congenial to the nature of despotism, that it has ever been a favorite under such governments. ... The power of direct taxation will further apply to every individual ... however oppressive, the people will have but this alternative, either to pay the tax, or let their property be taken for all resistance will be vain. [2]"

If Chicken Little were to gaze upward today, he might be correct in his pronouncement of the falling sky. The sky over this Nation is in the worst situation since its inception. Conditions have not been created overnight and the politicians from both parties have, for years, contributed to the current financially burdened, sloppy State of the Union, which has far exceeded all limits imagined by the brilliant Founding Founders.
This Obama administration, with an ultra liberal (read -socialist) president lacking credentials, experience and respect for boundaries of government and fraught with inexperienced, young, misguided advisors and workers, is attempting to socialize and essentially destroy the greatest Nation in history. The power of the pen and the vote remain the only tools for Americans to use to try to lighten the sky which has so brilliantly illuminated a Nation founded, under God, offering freedom and democracy to its people. It only takes a few minutes to write Congressmen and Senators and no matter how long it takes, vote your convictions. (Please!)
Howie


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