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ObamaCare was never written in tax language

Home - by - June 28, 2012 - 16:41 America/New_York - 32 Comments

what now?

» 32 Comments

  1. xthred

    June 28th, 2012

    We haven’t been a nation of laws since 2009. The only certainty is our national collapse.

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  2. Menderman

    June 28th, 2012

    I just e-mailed my Congressman, Walter Jones, and asked him that (sorta…I asked him how the Senate and SCOTUS can levy taxes by by-passing Congress)). I will call his office in the morning to follow up. He usually writes or calls within a few days…

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  3. exceller

    June 28th, 2012

    the law referred to it as a penalty over 190 times. suddenly Roberts finds that it’s a tax. a tax for doing nothing, go figure.

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  4. Tim

    June 28th, 2012

    ObamaCare wasn’t written in “tax language” because it isn’t a tax.

    It is a socialist usurpation of the citizen’s sovereignty with the connivance of the Supreme Court.

    It is a complete and total repudiation of the concept of “We, the People of the United States” and the 10th Amendment to the Constitution.

    ObamaCare is an abomination, foisted upon a passive and ignorant populace by criminals.

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  5. Stranded in Sonoma

    June 28th, 2012

    Exactly. Which is why I think what Justice Roberts did was an ambush on the SCOTUS’ lefties. He knows it’s just so much taurusfimus but this gave him an opportunity to do a few things.

    1) SCOTUS just narrowed congressional power. They can no longer use the commerce clause as a catch-all for their revenue generating schemes.

    2) The GOP Christmas came early. Roberts just handed the GOP a club that Romney can use to beat Obama like a drum from now until November. The debates will be more lively IF Romney keeps the pressure on about no taxes on people making less than 250k per year, but Obamacare is now a tax. There’s just no way to spin that a tax increase isn’t a tax increase. That didn’t work too well for Bush 41 either.

    I think Roberts led the SCOTUS’ lefties down the garden path. They went along happily, skipping, and hopping, and jumping, and singing, while they thought they just gave the conservatives a big loss. But what happened was the four liberals on the Supreme Court, including the two Obama appointed, just called Obama a liar!

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  6. Menderman

    June 28th, 2012

    The Senate can’t levy taxes. The SCOTUS can’t levy taxes. I think technically the law is invalid based on that, but nothing will or can be done about it, so I’m gonna go get me a 12 pack, abag of Ice, 6 gallons of gas and take the skiff for a ride and watch the sunset.

    Y’all fix this crap while I’m gone…OK?

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  7. Racist

    June 28th, 2012

    “Now what”? They’ll do what they always do… make it up as they go along!

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  8. Stirrin the B.S.

    June 28th, 2012

    Here’s a big “what if”. Since the SCOTUS ruled that the only way the citizens can be compelled to purchase health care it had to be called a tax. And since taxes have to be originated in the House of Representatives.

    What if this tax bill, in it’s current form, is considered invalid since it originated in the Senate, and therefore must be started over in the House and written correctly?

    It’s a stretch.

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  9. Czar of Defenestration

    June 28th, 2012

    @Menderman

    B><C'mon down!
    I’m getting through the first cast of Yuengling (“America’s Oldest Brewery”)…
    …but have six more cases.
    Their seasonal BOCK beer is to be recommended.

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  10. Elwin Ransom

    June 28th, 2012

    “what now?”

    OK, first everybody get some war paint and feathers. Now tonight we meet down at the Boston harbor, and then…

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  11. venturaguy

    June 28th, 2012

    The R’s are not going to have 60+ votes in the Senate. D’s will filibuster any repeal. Do you think Mitch McConnell and Tammy Faye Boehner have the balls to use reconciliation to pass a repeal? I do not

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  12. Billy Fuster

    June 28th, 2012

    Mass civil disobedience.

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  13. Stranded in Sonoma

    June 28th, 2012

    @Stirrin’ — Trust me. Someone will find a piece a paper that has Pelosi’s signature on it that mentions the Affordable Care Act and they’ll claim that that is where Obamacare started.

    The 16th amendment was questioned in front of SCOTUS in the same way. But they ruled that the House did something first so the amendment actually started there instead of the Senate were it really did start.

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  14. Menderman

    June 28th, 2012

    Want some good news!

    Holder Cited for Contempt in U.S. House Over Gun Probe

    By Seth Stern and James Rowley – Jun 28, 2012 4:48 PM ET

    255-67 vote

    http://www.bloomberg.com/news/2012-06-28/holder-cited-for-contempt-in-u-s-house-over-gun-probe.html

    That is gonna make my boat ridin’ MUCH better!

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  15. Czar of Defenestration

    June 28th, 2012

    WONDERFUL thoughts by Prof. Jacobson:
    http://legalinsurrection.com/2012/06/supreme-judicial-activism-in-restraints-clothing/

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  16. Weldor

    June 28th, 2012

    I don’t believe tax bills require a supermajority to pass -or- repeal.

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  17. Efficacy

    June 28th, 2012

    What next, you ask? Vote out Obama and his thug, lying, anti-American, socialist/commie bastards.

    That has ALWAYS been what really matters.

    All the shit leading up to the vote is nothing more than ‘shiny objects’ or great butts in thongs.

    Did anyone forget, we are at war?

    Until the last enemy gives-up or dies, war continues.

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  18. Stirrin the B.S.

    June 28th, 2012

    @Stranded – I don’t the procedural complexities of writing laws, but I thought that a version of the bill had to be passed first by the House – not just “started” – and then sent to the Senate for its version.

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  19. Snorkdoodle Whizbang

    June 28th, 2012

    “I don’t believe tax bills require a supermajority to pass -or- repeal.”

    Yep… this can be repealed in the Senate the same way it was passed… just need 51.

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  20. Stranded in Sonoma

    June 28th, 2012

    @Stirrin — Yeah, you would think so. But I recall reading some Supreme Court decision that took place close to the 16th amendment being “ratified” and SCOTUS ruled that something passed committee (I don’t recall the language — I read this 30 years ago) and then the Senate took it up and that was good enough for them.

    I’ll swear that’s what I read, though with 30 years in between, I can’t be sure. But I’m pretty sure it was NOT passed by the full House.

    Remember, the wording of Article 1, Section 7, Clause 1 in the Constitution is:

    All Bills for raising Revenue shall originate in the House of Representatives…

    It doesn’t say must pass the House it just says must originate in the House.

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  21. Groucho Marxist

    June 28th, 2012

    Listening to Mark Levin it sounds like the judges approved a concept of Obamacare, but didn’t approve the law as sent. They approved something else. The law as sent has no new taxes… The law they approved calls for new taxes… While Mark Levine additionally argued the “Taxes” in obamacare fall no where under previous enumerated powers to tax they are nonetheless taxes… The court missed that. At best it appears they should have sent it back to congress for a rewrite… Like maybe this time with some reason to implement the heretofore unheard of provisons to tax inactivity.

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  22. Sarthurk

    June 28th, 2012

    @ Menderman
    You didn’t say anything about a fishin’ pole. What’s up with that?

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  23. bitterclinger

    June 28th, 2012

    Levin is fuming that four of the justices wanted to throw it out entirely and Roberts saved it for them by rewriting it.

    He could’ve thrown it out, thumped the commerce clause and given us a victrory, but no. We’ll continue down the road to serfdom while Mad King Barry and Supercilious spend us into (further) oblivion implementing their insidious plan.

    Did you know that Mark Schmidt, McCain Campaign mastermind, resident progressive and chief smear architect of Sarah Palin was responsible for pushing Roberts to the Bushies? I didn’t know he had no paper trail, but apparently that was the case. Don’t we have cool friends on our “team”?

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  24. xthred

    June 28th, 2012

    “What now?” Food, water, guns, ammo.

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  25. Sarthurk

    June 28th, 2012

    @ xthred
    you forgot alcohol and tobacco!

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  26. Tennessee Vol

    June 28th, 2012

    I got a strong hunch that Roberts did it to set Obama and the Dems up for a massive loss this November. Now it’s up to every Republican running for office to ram it home! No time for pussyfooting. Just ram it home. Force it over the goal line. Never stop pushing the conservative agenda. Fight like it’s the last fight ever.

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  27. Menderman

    June 28th, 2012

    @Sarthurk

    I have fishing poles on the boat…I don’t want my neighbors to think I’m just out drinkin’! Then they would wanna go with me!

    BTW…FANTASTIC sunset…nobody can take that away from me. Y’all get the mess fixed while I was gone?

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  28. Stirrin the B.S.

    June 28th, 2012

    @Menderman – stay cool and relaxed my friend, ObummerCare is not a done deal.

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  29. Menderman

    June 28th, 2012

    Thanks for the kind words Stirrin.

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  30. Stirrin the B.S.

    June 28th, 2012

    You betcha – we’re all in this together, let’s just git er done!

    Would love to have been out on a boat for sunset – nohing more relaxing than that – except sittin on the beach with a cooler of beer. :)

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  31. Frosteetoes

    June 29th, 2012

    What a glorious day for Josef Stalin!

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  32. joe

    June 29th, 2012

    Menderman and Stirrin: Can’t think of anything better either, except I’d like Raquel Welch or Bo Derek there with me.

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