Chief Justice Roberts pulled a “Bait and Switch” today Baiting is with the Commerce Clause and then Switching to Taxation! Those who were afraid of the Commerce Clause being expanded to include Obamacare should not really be shaking in their boots.
Now, the government can use taxes to force American Citizens to conform to any action, behavior, or purchasing activity deemed appropriate by the government! This mean that if the government wanted everyone to buy a Chevy Volt, they can merely add a tax of $100,000 to every other car you could purchase other than a Chevy Volt. If they wanted you to join a gym and work out for 4 hours a week, they could tax you $10,000 for not joining you or tax you $100 for each time you miss your hour! This is just as bad as expanding the Commerce Clause and but even easier for Politicians to use the taxation penalty to coerce citizen behavior.
The real nutty part of Robert’s logic is that one of the 4 primary tenets of Obamacare that was being decided was the Anti-Injunction Act which states that a tax must be fully collected before the tax can be challenged in Court. Roberts himself said in his opinion on this portion of the decision:
“But Congress did not intend the payment to be treated as a “tax” for purposes of the Anti-Injunction Act.
The Affordable Care Act describes the payment as a “penalty,” not a “tax.””
So Roberts said that:
Obamacare collects PENALTIES, NOT TAXES, so the Anti-Injunction Act requirement that a tax to have been paid before challenged does not “bar this suit”.
Then, when deciding whether the Mandate of Obamacare is a penalty, therefore NOT Constitutional, was really a TAX! Wait, didn’t he just say it was a TAX above? Yep! He said regarding the Mandate:
“The most straightforward reading of the individual mandate is that it commands individuals to purchase insurance.
But, for the reasons explained, the Commerce Clause does not give Congress that power.”
Then, “3. CHIEF JUSTICE ROBERTS concluded in Part III–B that the individual mandate must be
construed as imposing a tax on those who do not have health insurance, if such a construction is reasonable.”
Before you butt in and say that the U.S. Constitution gives the Congress the power to levy taxes and the 16th Amendment allows the Government to levy and collected Income Taxes. But, Roberts fails to state what type of tax Obamacare imposes. It is not an Income Tax as provided by the 16th Amendment. It is not a Direct Tax or an Excise Tax as provided by Article 1, Section 8 of the Constitution. A direct tax has never been used and is a tax levied on States based on their relative populations. Excise taxes are collected by the producer or retailer and not paid directly by the consumer, and as such often remain “hidden” in the price of a product or service, rather than being listed separately. Obamacare directly “Taxes” the consumer if they DON’T buy health insurance. So you are taxing a NON TRANSACTION.
In case you were wondering what the Constitution says about taxation, below is Article 1, Section 8 regarding Congressional Powers (including taxation) then the 16th Amendment to the Constitution…
Article 1, Section 8: “The Congress shall have 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..”
Amendment 16: “The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.”
Neither document allows for taxation to be levied to compel behavior…
This is a sad day for our Constitutional Republic. Justice Roberts’ and the liberal justices succeeded in nailing a very anti-liberty precedent into the U.S. Constitution by expanding the taxing authority of the Federal Government. Nothing is off of the table now in terms of coercion by the Government to attain citizen compliance…
November 2012 is crucial. Obama must be defeated. Conservatives must get 60 seats in the Senate. And, we must retain control over the House. We have to get leaders in the House and Senate who are committed to re-establishing a Constitution Republic based on Originalists Interpretation of the Constitution…
PS: Catholics, you are now front and center in the battle to maintain religious liberty. There is no room for luke warm Catholics or Christians in this fight…
Text of the Supreme Court Opinion: http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf