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Cashin On The Constitution And Obamacare

Discussion in 'Political Issues' started by Ruble Noon, Jul 3, 2012.

  1. Ruble Noon

    Ruble Noon "Cracker"

    11,018
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    Feb 18, 2009
  2. Not one tenth of one percent of citizens will actually read the full opinions as Cashin councils. Will you?
     

    Last edited: Jul 3, 2012

  3. Ruble Noon

    Ruble Noon "Cracker"

    11,018
    2
    Feb 18, 2009
    From the majority

    “First, and most importantly, it is abundantly clear the Constitution does not guarantee that individuals may avoid taxation through inactivity. A capitation, after all, is a tax that everyone must pay simply for existing, and capitations are expressly contemplated by the Constitution. The Court today holds that our Constitution protects us from federal regulation under the Commerce Clause so long as we abstain from the regulated activity. But from its creation, the Constitution has made no such promise with respect to taxes. See Letter from Benjamin Franklin to M. Le Roy (Nov. 13, 1789) (“Our new Constitution is now established ... but in this world nothing can be said to be certain, except death and taxes”).”

    Dissenting opinion

    “To say that the Individual Mandate merely imposes a tax is not to interpret the statute, but to rewrite it. Judicial tax-writing is particularly troubling. Taxes have never been popular, see, e.g., Stamp Act of 1765, and in part for that reason, the Constitution requires tax increases to originate in the House of Representatives. See Art. I, §7, cl. 1. That is to say, they must originate in the legislative body most accountable to the people, where legislators must weigh the need for the tax against the terrible price they might pay at their next election, which is never more than two years off.”

    http://triblive.com/news/2117750-74...rce-mandate-power-taxes-clause-insurance-upon
     
    Last edited: Jul 3, 2012
  4. JFrame

    JFrame

    38,221
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    Mid-Atlantic, US of A
    In this case, the tax originated in the mind of a Solicitor General and his overseers, and reached germination in the convoluted and tortured legal permutations of a Chief Justice.


    .
     
  5. jeanderson

    jeanderson Toga!... Toga! Platinum Member

    5,866
    4,059
    Apr 11, 2012
    Ohio
    You know, I'm fed up with all this parsing of words and so-called laws. When are you going to wake up and see the tyranny that we now live under? This is what tyranny looks like.

    The law an the Constitution are being swept under rug.
     
  6. Ruble Noon

    Ruble Noon "Cracker"

    11,018
    2
    Feb 18, 2009
    I read the letter Robert's referenced and am having a hard time figuring out how he came to the conclusion that Franklin would support the idea of American children being born into tax slavery.
     
  7. Cavalry Doc

    Cavalry Doc MAJ (USA Ret.)

    34,969
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    Feb 22, 2005
    Republic of Texas
    Proof positive. In court rulings, second place sucks.
     
  8. Ruble Noon

    Ruble Noon "Cracker"

    11,018
    2
    Feb 18, 2009
    Proof positive in the dissent that obamacare is unconstitutional.
     
  9. Cavalry Doc

    Cavalry Doc MAJ (USA Ret.)

    34,969
    9
    Feb 22, 2005
    Republic of Texas
    Should have been. Oh well.