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You All Must Be Really Proud of Roberts and George W

OldRegular

Well-Known Member
Actually Roberts may have done folks a favor. Heard on TV tonight, believe it was the AG of Texas, that because the mandate was defined as a tax it would only take 51 votes in the Senate to repeal it, not 60. Don't know is he was right or not.

Also Jindal of Louisiana said they were not going to set up the insurance exchanges.

Latest on the above: http://news.yahoo.com/blogs/ticket/could-republicans-really-repeal-obamacare-091546012.html

What about the filibuster? Don't you need 60 votes to do anything in the Senate?
Not in this case. Because Chief Justice John Roberts' majority opinion ruled the individual mandate a "tax," a Republican-led Senate could repeal that provision--and others--using what is called "budget reconciliation," a procedural tactic that requires only a simple majority vote. The Republican vice president, in this hypothetical scenario, would break the tie. (Democrats used the same method in 2010 to pass the health care bill.)​
 

OldRegular

Well-Known Member
Article I, Section 2, Clause 3:

Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers...[1]
Article I, Section 8, Clause 1:

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.
Article I, Section 9, Clause 4:

No Capitation, or other direct, Tax shall be laid, unless in proportion to the Census or Enumeration herein before directed to be taken

16th Amendment
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.

Yes, I have read the Constitution. How does Congress tax an unknown entity or a negative, such as not having health insurance? How is not having health insurance income, or a property tax? Is not having health insurance interest on a bank account or a capital gain? If I followed your logic, I would send you a tax bill for not buying cigarettes, beer, meth, or buying x rated movies? We could call it an anti-vice tax. Common sense has to go along with wording.

Thanks for the post S/N. Seems to me I read/heard the following point you present during discussion of the bill.

No Capitation, or other direct, Tax shall be laid, unless in proportion to the Census or Enumeration herein before directed to be taken
 

Zaac

Well-Known Member
Amazing turn of events, isn't it. How many times, how many times, have you all posted on here against Obama this or Obama that, and posted the praises of the conservative values of George W. Bush as President. This is especially true of his picks to the Supreme Court. As you historical scholars remember, Bush picked Roberts, not just to be Justice, but Chief Justice. I do not believe any further explanation is needed, except that Bush the First picked Suiter. Has it finally gotten through some thick skulls that Republicans have not been conservative for decades?

I didn't vote for W the second time because he kept saying that Muslims and Christians worship the same god.

He was taken to the woodshed by Billy Graham and some other prominent men of faith. And then he turned around and said nationally two more times. (smh)

At that point, I had made up my mind to not vote for him because his true colors were starting to show.
 

InTheLight

Well-Known Member
Site Supporter
How does Congress tax an unknown entity or a negative, such as not having health insurance? How is not having health insurance income, or a property tax? Is not having health insurance interest on a bank account or a capital gain? If I followed your logic, I would send you a tax bill for not buying cigarettes, beer, meth, or buying x rated movies? We could call it an anti-vice tax. Common sense has to go along with wording.

I would think this phrase would cover it:

The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises....to provide for the common Defence and general Welfare of the United States.


Isn't it in the general welfare of the citizens to have health insurance?
 

Zaac

Well-Known Member
I would think this phrase would cover it:

The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises....to provide for the common Defence and general Welfare of the United States.


Isn't it in the general welfare of the citizens to have health insurance?

Why is it in the general welfare of the US that every citizen to have health insurance? What if some folks don't want it or feel like they are at an age where they don't need it?

Is it in the general welfare of the US to wire the mouths of fat people shut so that they lose weight and not be a burden on the insurance companies?

Is it in the general welfare of the US to make sure that every car has a working air conditioner?

Where is this general welfare of the US line drawn?
 

OldRegular

Well-Known Member
I would think this phrase would cover it:

The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises....to provide for the common Defence and general Welfare of the United States.


Isn't it in the general welfare of the citizens to have health insurance?

Not necessarily. Health insurance tends to drive up the cost of medicine. This is certainly true as long as the dems are in the pocket of trial lawyers.

Perhaps the worst tragedy of Obamacare is that many people think they are going to get medical care at no cost to themselves. The 15 member "death panel" is now empowered to deny care to those they "deem" expendable; just like Obamacare was "deemed" to be passed!

Furthermore, it is a fact that certain things flow downhill. This is ultimately true of both taxes and costs. The consumer pays everything and the burden is greatest on the lower income folks.
 

InTheLight

Well-Known Member
Site Supporter
Zaac said:
Why is it in the general welfare of the US that every citizen to have health insurance? What if some folks don't want it or feel like they are at an age where they don't need it?

Don't complain to me about it. It was mentioned in the majority opinion of the ruling:

We have upheld Congress's authority to condition the receipt of funds on the States' complying with restrictions on the use of those funds, because that is the means by which Congress ensures that the funds are spent according to its view of the "general Welfare."
 

LadyEagle

<b>Moderator</b> <img src =/israel.gif>
Roberts went through the most convoluted thinking process to reach this decision that I can imagine.

It's as if he was looking for a reason to uphold it instead of just applying the constitution.

It almost looks like he was bought.

Or his family threatened.....
 

LadyEagle

<b>Moderator</b> <img src =/israel.gif>
I didn't vote for W the second time because he kept saying that Muslims and Christians worship the same god.

He was taken to the woodshed by Billy Graham and some other prominent men of faith. And then he turned around and said nationally two more times. (smh)

At that point, I had made up my mind to not vote for him because his true colors were starting to show.

Yep, me too. After 09/11 and I did some research, I found a lot of information I didn't know about him. I voted for the CP candidate, Michael Peroutka, the second time.
 
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