Anyone insisting they will not vote now needs to be cuffed savagely about the head…
on 28 Jun 2012 at 10:46 am Bubblehead Les
Roberts is an Idiot. Even Kennedy didn’t buy Barry’s Bullshit.
on 28 Jun 2012 at 11:37 am JN
Vote for who? The Republican who will appoint another Roberts or a Democrat who will appoint another Kagan?
on 28 Jun 2012 at 11:39 am libsarenavelint
Excuse me while I whup this out again:
“Consider this. We have recently had a big national debate over national health care. Advocates and opponents argued long and loud over whether it could work, what was fair, how to pay for it, and so forth. But almost nobody raised the basic issue: Where does the federal government get the power to legislate in this area? The answer is: Nowhere. The Constitution lists 18 specific legislative powers of Congress, and not a one of them covers national health care.
… the three constitutional amendments ratified after the war contain a significant clause: “Congress shall have power to enforce this article by appropriate legislation.†Why is this significant? Because it shows that even the conquerors still understood that a new power of Congress required a constitutional amendment. It couldn’t just be taken by majority vote, as it would be today. If the Congress then had wanted a national health plan, it would have begun by asking the people for an amendment to the Constitution authorizing it to legislate in the area of health care. The immediate purpose of the Fourteenth Amendment was to provide a constitutional basis for a proposed civil rights act.
What it comes to is that we don’t really have an operative Constitution anymore. The federal government defines its own powers day by day. It’s limited not by the list of its powers in the Constitution, but by whatever it can get away with politically. Just as the president can now send troops abroad to fight without a declaration of war, Congress can pass a national health care program without a constitutional delegation of power. The only restraint left is political opposition.”
Libs. Maybe Og will read all of your link. I’m easily distracted and did not bother reading all of it. I imagine I would agree with the author’s sentiments based on how it begins.
But it comes down to this. Bummer promised no new taxes on anyone making less than $200K. In order to curry favor with John Roberts (who bought the argument) he called it a tax. He lied.
That cost GHWBush a second term. It oughta cost Bummer much more than that, but the Constitution won’t let us.
Keep it simple, but don’t allow yourself to be goaded into doing anything stupid. The ruling class already thinks your stupid. Don’t do anything to prove it.
on 28 Jun 2012 at 1:11 pm Sigivald
Contra Navel Lint there, this decision confirms that the Constitution does limit Congress, whose power is not plenary, and that Congress cannot just invent any new power it wants for itself.
The Supremes, even in the majority decision, utterly rejected the claim that the Commerce Clause is so unlimited in scope that it can compel commerce from nothing, and that’s now precedent as binding as any other.
That the tax power could say “either do this or pay a tax” was not in doubt – it’s only not used to do that very often because it’s very, very, very unpopular with voters.
In Constitutional and substantive terms beyond the ACA itself, this decision is a win for limited government today.
on 28 Jun 2012 at 1:20 pm libsarenavelint
Pascal. No, what it comes down to is that The Hive finally reached one of it’s Ultimate Goals.
I’ve read an article — well, I’ve read the majority of an article on the Internet — that said that Roberts actually pulled a very clever stealth move. In affirming the taxing power, he has eviscerated 80 years of commerce clause jurisprudence. Not sure about that, (not even sure I understand it, yet), but it is encouraging.
Or it could be encouraging.
Anybody who believed Obama when he said he wasn’t going to raise taxes on the middle class is as dumb as the Democrats think he is.
M
on 28 Jun 2012 at 6:53 pm Matt B
Stupid votes too, sadly.
However all is not lost. I expected it to be upheld under the commerce clause, so I’m glad to see they at least couldn’t do that. Instead they used the “Its a tax and not a tax!” argument.
This also brings the “States” battle with the Catholic Church back to the forefront. Now they (the state) can argue it is “the law” and you have to comply. I would hope the Church continues to show their testicular fortitude in not bowing to the will of the State. Their example is needed now, more than ever before.
on 29 Jun 2012 at 7:41 am Professor Hale
There is no constitution. Just an agreed upon set of rules that both sides are free to change at will, if they think they can get away with it. The obama administration is teaching us that they can get away with it. They can get away with anything and everything. They can literally get away with murder.
It’s disgusting how many people I know who’re hailing this as ‘Free health care for the poor! It’ll be wonderful!” They don’t want to hear about the taxes(“You may not be writing a check to the doc, but you WILL be paying for it.” “I don’t care/believe it!”), or figure “Hey, the fine is cheaper than paying for insurance, so I don’t care!”
I’ve heard the argument that Roberts was playing chess, etc. Possibly, but he just handed the .gov a weapon those bastards in Congress will be thrilled to use. And if he showed up at my house dying of thirst and begging for help, I think I’d tell him to get off my property. Yeah, I’m pissed, and going to be for a long time to come.
on 29 Jun 2012 at 9:12 am libsarenavelint
The Totalitarian Principle of Quantum Government states:
Everything not forbidden is compulsory.
With this ruling, there’s going be a whole host of new “compulsory” coming to a town near you. It’s gonna be like being married….. but to the Government.
Haw, haw, haw.
on 29 Jun 2012 at 10:55 am Panamared
I don’t know whether this is intentional or accidental, but the Court has simply exposed the fatal-flaw inherent in an income-tax. Repealing the law will leave the mechanism for it’s implementation in place, so the real effort has to be in the repeal of the 16th amendment.
So I repeat whether intentionally or not, this finding points out why the income-tax should never have been law, and should be the rallying cry for the repeal of not just the law, but the amendment as well.
Graumagus, beyond mad here…not even yelling…tossing things at the tv or radio….but if you want someone to keep handing you a sharpened blade while you continue to gut the bastards…count me in.
Anyone insisting they will not vote now needs to be cuffed savagely about the head…
Roberts is an Idiot. Even Kennedy didn’t buy Barry’s Bullshit.
Vote for who? The Republican who will appoint another Roberts or a Democrat who will appoint another Kagan?
Excuse me while I whup this out again:
“Consider this. We have recently had a big national debate over national health care. Advocates and opponents argued long and loud over whether it could work, what was fair, how to pay for it, and so forth. But almost nobody raised the basic issue: Where does the federal government get the power to legislate in this area? The answer is: Nowhere. The Constitution lists 18 specific legislative powers of Congress, and not a one of them covers national health care.
… the three constitutional amendments ratified after the war contain a significant clause: “Congress shall have power to enforce this article by appropriate legislation.†Why is this significant? Because it shows that even the conquerors still understood that a new power of Congress required a constitutional amendment. It couldn’t just be taken by majority vote, as it would be today. If the Congress then had wanted a national health plan, it would have begun by asking the people for an amendment to the Constitution authorizing it to legislate in the area of health care. The immediate purpose of the Fourteenth Amendment was to provide a constitutional basis for a proposed civil rights act.
What it comes to is that we don’t really have an operative Constitution anymore. The federal government defines its own powers day by day. It’s limited not by the list of its powers in the Constitution, but by whatever it can get away with politically. Just as the president can now send troops abroad to fight without a declaration of war, Congress can pass a national health care program without a constitutional delegation of power. The only restraint left is political opposition.”
Read the Rest:
http://www.sobran.com/articles/tyranny.shtml
Libs. Maybe Og will read all of your link. I’m easily distracted and did not bother reading all of it. I imagine I would agree with the author’s sentiments based on how it begins.
But it comes down to this. Bummer promised no new taxes on anyone making less than $200K. In order to curry favor with John Roberts (who bought the argument) he called it a tax. He lied.
That cost GHWBush a second term. It oughta cost Bummer much more than that, but the Constitution won’t let us.
Keep it simple, but don’t allow yourself to be goaded into doing anything stupid. The ruling class already thinks your stupid. Don’t do anything to prove it.
Contra Navel Lint there, this decision confirms that the Constitution does limit Congress, whose power is not plenary, and that Congress cannot just invent any new power it wants for itself.
The Supremes, even in the majority decision, utterly rejected the claim that the Commerce Clause is so unlimited in scope that it can compel commerce from nothing, and that’s now precedent as binding as any other.
That the tax power could say “either do this or pay a tax” was not in doubt – it’s only not used to do that very often because it’s very, very, very unpopular with voters.
In Constitutional and substantive terms beyond the ACA itself, this decision is a win for limited government today.
Pascal. No, what it comes down to is that The Hive finally reached one of it’s Ultimate Goals.
The Hive:
http://www.sobran.com/hive/hive.shtml
Hell, I would have been SHOCKED if this decision went the other way.
http://www.lewrockwell.com/blog/lewrw/archives/114630.html
The only thing “stupid” I plan to do is vote. It hasn’t worked yet, but, Hope springs eternal, aye?
I’ve read an article — well, I’ve read the majority of an article on the Internet — that said that Roberts actually pulled a very clever stealth move. In affirming the taxing power, he has eviscerated 80 years of commerce clause jurisprudence. Not sure about that, (not even sure I understand it, yet), but it is encouraging.
Or it could be encouraging.
Anybody who believed Obama when he said he wasn’t going to raise taxes on the middle class is as dumb as the Democrats think he is.
M
Stupid votes too, sadly.
However all is not lost. I expected it to be upheld under the commerce clause, so I’m glad to see they at least couldn’t do that. Instead they used the “Its a tax and not a tax!” argument.
So there may be other options.
This also brings the “States” battle with the Catholic Church back to the forefront. Now they (the state) can argue it is “the law” and you have to comply. I would hope the Church continues to show their testicular fortitude in not bowing to the will of the State. Their example is needed now, more than ever before.
There is no constitution. Just an agreed upon set of rules that both sides are free to change at will, if they think they can get away with it. The obama administration is teaching us that they can get away with it. They can get away with anything and everything. They can literally get away with murder.
It’s disgusting how many people I know who’re hailing this as ‘Free health care for the poor! It’ll be wonderful!” They don’t want to hear about the taxes(“You may not be writing a check to the doc, but you WILL be paying for it.” “I don’t care/believe it!”), or figure “Hey, the fine is cheaper than paying for insurance, so I don’t care!”
I’ve heard the argument that Roberts was playing chess, etc. Possibly, but he just handed the .gov a weapon those bastards in Congress will be thrilled to use. And if he showed up at my house dying of thirst and begging for help, I think I’d tell him to get off my property. Yeah, I’m pissed, and going to be for a long time to come.
The Totalitarian Principle of Quantum Government states:
Everything not forbidden is compulsory.
With this ruling, there’s going be a whole host of new “compulsory” coming to a town near you. It’s gonna be like being married….. but to the Government.
Haw, haw, haw.
I don’t know whether this is intentional or accidental, but the Court has simply exposed the fatal-flaw inherent in an income-tax. Repealing the law will leave the mechanism for it’s implementation in place, so the real effort has to be in the repeal of the 16th amendment.
So I repeat whether intentionally or not, this finding points out why the income-tax should never have been law, and should be the rallying cry for the repeal of not just the law, but the amendment as well.
I’ll be able to rationally discuss this in a month or so.
Right now, I want to gut these bastards and piss on their steaming intestines.
Graumagus, beyond mad here…not even yelling…tossing things at the tv or radio….but if you want someone to keep handing you a sharpened blade while you continue to gut the bastards…count me in.