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Courting Taxation

Good ol' Ben Franklin helped give us a democratic republic, but it's up to us to keep it.

In Maybury vs. Madison, the 1801 case that arguably codified as law the role of the Supreme Court as a co-equal branch of government, Chief Justice John Marshall for all intents and purpose said the Constitution is what we say it is. In the recent ruling on ObamaCare, Chief Justice John Roberts, an "originalist," raised the bar by stating that a tax is what we say it is. It is important to remember that, through the entire process, we were told from President Obama on down that the individual mandate was a penalty, not a tax.

I remember listening to the radio on the first day of oral arguments, March 26. The justices dealt with this issue: Was the penalty imposed by the individual mandate in ObamaCare a tax? If it was, the case would run afoul of the Anti-Injunction Act, which ruled a tax cannot be challenged in court until someone has actually been forced to pay it.

The ObamaCare taxes don't take effect until 2014 and the court would have to throw out any court case challenging it because nobody has paid the tax yet. So the justices asked the government's lawyer, Solicitor General Donald Verrilli, if this is a tax. The government's lawyer replied in the negative.

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Bjorn Olsson July 16, 2012 at 06:06 AM
Francis, as it is now, the government-run healthcare runs better than the private insurers, and with a LOT less overhead. It's so simple: Medicare for all, done.
Watchdog July 16, 2012 at 06:25 AM
But it is not better than the current system we have.
Watchdog July 16, 2012 at 06:27 AM
Have you not heard? Medicare is going bankrupt and more and more doctors will not accept it.
Chris July 16, 2012 at 10:59 AM
Actually the Affordable care act when written in law was based on the presumption that the vehicle for implementation (the mandate) was justifiable under the commerce clause... In oral arguments before the supreme court the governments lawyer spent a majority of the time argue this very concept... Now if you took the time to read the ruling... You would of realized that the Affordable care act was struck down on the foundation that it was legal under the commerce clause or as a mandate... .... In many scholars opinion this was a severe blow to the affordable care act even though it past under the guise of a tax. (The government lawyers also spent about half a day arguing to the courts that the Affordable care act could also be considered a tax) Which is how the Affordable care was able to be deemed a constitutional... The laws stands on the grounds and only on the grounds that its a tax.... So it is clear.... The Affordable care act past under the powers of congress to impose taxes...... The unprecedented and as stated before many scholars would consider this a new precident in the form of a taxation.... For the first time in the history of classical, new classical and modern law... People would be taxed on the basis of non participation....
Ross Revira July 16, 2012 at 11:29 AM
Do not confuse heath care with health insurance. Two different things but the supporters of Obamacare would like people to believe they are the same. There is evidence to believe that health care will diminish with the expanded heath insurance by the billions taken out of medicare to pay for it.
Watchdog July 16, 2012 at 11:59 AM
Exactly, Ross. Seniors will get screwed under this bill. Medicare is already in dire straits and to take $500 billion out of Medicare to pay for the 46% of people who pay no taxes( and thus many will pay nothin for health care either) is a disaster in the making.
Walden Macnair July 16, 2012 at 02:41 PM
You guys are amazing. Best healthcare in the world? You don't want to change our system because we've got a great one now. Obviously, you haven't waited for marijuana to be legalized. The World Health Organization ranks the USA as 37th in Healthcare but good news; we're number 1 in per capita expenditures. Romney Care as I like to call it, is not socialized medicine but if it were it would still be better than what we have. After all Canada is number 30 and the UK is 18 on the list. How about that terrible healthcare your tennis buddies complain about? France #1, Italy #2 and pretty much every country in western Europe is ahead of us in life expectancy, healthcare and infant mortality. Yeah, those Europeans are sure suffering. Open your minds and read the ACA instead of listening to Rush today. Romney had a great idea with the ACA, it was endorsed by the Heritage Foundation. It was a conservative/republican plan that was enacted by a Democratic President. It was good then and it's good now.
John Taggart July 16, 2012 at 02:51 PM
Medicaid or medicare for all who don't have union, business, or funds for private coverage should have been the goal. We have national health care, it needs to be fixed and funded, not scrapped for a convoluted overdone replacement no one understands
Aidan July 16, 2012 at 03:30 PM
France is still solvent only because of German. Italy? A financial sewer. Gotta look at the big picture ... like a big boy.
John Taggart July 16, 2012 at 03:33 PM
Yes best in the world, Got stuck in a Montreal ER in 2007 people never get rooms their treated in the halls, it looked like a disaster movie with both sides of the hallways lined with people in gurnies. We had to pay for tests ahead of time. You can't compair the USA to another country. 300+ million people USA, 65 million people UK, and only 34 million people Canada. Add to that our immigration status and the education level of illegals. The infant mortality rate can be explained by that and failed inner city schools. People too young to have babies, people who don't know how to care for babies, people with no money for babies, the medicaid is there, the doctors are there, the parents are not there. As for a UN based WHO, when islamic countries who cut peoples hands and feet off, enslave people, treat woman as property with no rights, have honor killings get together and vote that the US violates its citizens human rights, I don't believe anything the UN says.
Watchdog July 16, 2012 at 03:34 PM
Very poor comparison. People in Canada get their healthcare in Buffalo. Badically, the numbers are like comparing apples and oranges. For one, they do not have 30 million illegals. I get great healthcare here and I want my doctors to be fairly aid and I want the drug companies to continue research. Most if the new drugs are from the USA. WALDEN, here us a novel idea, if you think the drug companies are making so much money, buy their stock and you will be Able to greatly offset the cost of your health care. BTW Walden, MOST of Europe is falling apart. Put on the real news and stay off ZCNN.
jo July 16, 2012 at 03:44 PM
buffalo doctor offices full of Canadians.. friends in grand island complain bout them all the time..
Watchdog July 16, 2012 at 04:18 PM
Canada is a disaster yet the WHO Says it is better than the USA. VOODOO NUMBERS, How many new drugs came out of France, Italy and Spain and Greece? They are all headed to Germany because they cannot make a living in those countries. The well to do in Europe come to the USA for major treatments.
Watchdog July 16, 2012 at 04:22 PM
Take the profits from thedrugcompanies and distribute them to government workers...that iswhat ACA will do.
Walden Macnair July 16, 2012 at 04:56 PM
Watchdog, anything you don't agree with are voodoo numbers or whatever little colloquialism you can come up with. How about giving me some real facts. That would be so refreshing. Don't tell me that Mr. Jones had a bad experience in Canada, that's simply anecdotal and really isn't of much use. I can counter with stories of people in the USA who had the wrong leg amputated or were pronounced dead when they were still alive or misdiagnosed or not diagnosed at all and subsequently died as a result. But as horrible as those stories are, they don't make up the overall system. Go ahead - Let's hear some facts.
Watchdog July 16, 2012 at 05:08 PM
One thing I won't do Walden is to use WHO or the UN numbers to decide where to go for my healthcare. The conversations I have with Europeans and Canadiens with whom I mix with on HHI every year are enough for me. HHI is a Mecca for Canadian Snowbirds. The thought of going to Canada France for healthcare would never enter my mind. Those are facts enough for me. Go up to Buffalo or talk to some people who live in Buffalo and you will get more of your facts, deal with real people, not distorted statistics from the Internationalists.
John Taggart July 16, 2012 at 06:01 PM
Real life experience is simply anecdotal and not of use ? Do you live your life through a statistics book written by someone else and ignor what you see. I was at that hospital for most of a week, its like that all the time. Your right though we can go back and forth, but the only thing that matters to a person is how they are effected. This giant thoughtless health bill has already pushed up costs and stiffled business spending, hiring. It was a lie and an over reaching mistake.
jeff meyer July 16, 2012 at 10:01 PM
Yet it still stands Chris, does it not. BTW, you are anything but clear. LOL. Jeff Meyer Tuckahoe, NY
Bjorn Olsson July 17, 2012 at 12:46 PM
The current "system" if you prefer to call it that is escalating cost at an almost insane rate. It provides good healthcare IF you are insured.
Bjorn Olsson July 17, 2012 at 12:48 PM
Obviously nobody's healthcare is "free". We all pay for the uninsured already, so would it not be better if everyone was enrolled to begin with?
Bjorn Olsson July 17, 2012 at 12:52 PM
Watchdog, a lot of the Eurozone is indeed having financial problems, but they don't stem from healthcare costs, if that is what you're trying to say. The countries outside the Eurozone are doing quite well, and are providing healthcare, generous maternity leave, etc to their populations.
Watchdog July 17, 2012 at 02:09 PM
Bjorn, the cause of the decline in Eurozonecountries s indeed caused by excessive spending and socialist ideas, including the spending on healthcare. The Eurozone s a flop
Watchdog July 17, 2012 at 02:20 PM
No it would be worse. If this is such a good plan how come it's creator, OBAMA, will not be covered under OBAMACARE? And Congress, they are shoving this down our throat while having a much different plan for themselves. Bjrn, We are not a Socialist country.
Walden Macnair July 17, 2012 at 02:21 PM
Dog Boy, I asked YOU for facts and got none. You just regurgitate whatever Rushbo and Hannity say and then tell me that the United Nations is lying and that you hear the real truth on the 4th tea with one of your old cronies from Europe. When you start thinking for yourself and not just parroting what you hear on talk radio make a post but until then I can hear all your opinions on Fox News.
Watchdog July 17, 2012 at 02:32 PM
I knew it would happen but not this soon. Dillusion has set in. I deal in real life situations with real people. Europe is falling apart and they want to bring the rest of us along for their ride to oblivion. They had hopes that with the creation of the Euro, they would dominate the world. Guess what WALDO? It did not work and they have to depend on Germany, the only country with a work ethic, to bail them out.
Bruce Apar July 17, 2012 at 03:57 PM
Don't know about Fox News, but there's evidence in his post that Watchdog bears something in common with MSNBC: revisionist spelling. Few days ago, that cable news channel displayed a graphic that told us the Romney campaign was trying to "diffuse" the Bain controversy, when it meant "defuse." (Last night, MSNBC mis-spelled "judgment" as "judgement" in a piece on Rush.) Watchdog goes MSNBC one better by inventing a word: "dillusion." Not a big deal; just chalk it up to grammatical delusion.
Chris McHugh (Editor) July 17, 2012 at 07:53 PM
Cable television networks use either ENPS or iNews to interface with their character generators to produce lower-third graphics on your screen. Spellcheck is unfortunately not available when connecting these two systems. This means that it is easier to make mistakes, especially when you're typing dozens of lower-thirds seconds before they hit air.
Francis T McVetty July 18, 2012 at 05:58 PM
Jeff, [Health care should be a guaranteed right for all residents in the USA] show me that in the constitution!!! It is NOT a guaranteed right.
Francis T McVetty July 18, 2012 at 06:01 PM
It already happened to my wife at the Westchester Medical Center, We waited till they ran through those who didn't have insurance. She waited 2 1/2 hrs. That happened over 3 years ago. It was a sign of things to come.
Francis T McVetty July 18, 2012 at 06:17 PM
To Christopher Michael McHugh, that is BS and you know it. The people that are being hired that input the information, have been educated in our wonderful, education system. Please DON'T blame the equipment, blame the operator! reading and writing don't seem to be a requirement these days, especially in the media.

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