Congress’s taxing power

[Procrustes Stretched]

What is it?

Section. 8.

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;


http://www.archives.gov/exhibits/charters/constitution_transcript.html

 

[Procrustes Stretched]

..never in our history has the SCOTUS ruled that a penalty can reasonably be construed as a tax.

You see, there are only a limited number of taxes allowed by the US Constitution.

We have similarly held that exactions not labeled taxes nonetheless were authorized by Congress’s power to tax.

we have never held—never—that a penalty imposed for violation of the law was so trivial as to be in effect a tax.

40 (Roberts) - 144 (Scalia) of pdf downloaded

http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf

What a difference words make.

 

[Procrustes Stretched]

We have similarly held that exactions not labeled taxes nonetheless were authorized by Congress’s power to tax.

..never in our history has the SCOTUS ruled that a penalty can reasonably be construed as a tax.

You see, there are only a limited number of taxes allowed by the US Constitution.

we have never held—never—that a penalty imposed for violation of the law was so trivial as to be in effect a tax.

What a difference words make.

Our dear friend Pubie, has claimed to summarize Scalia's opinion. Yet Dante finds a huge gulf in meaning between the two quotes...especially when addressing specific legal questions.

Chief Justice Roberts speaks of the penalty as an "exaction," Scalia runs with "a penalty imposed for violation of the law" and poor pithy Pubie misses the boat twice.

Scalia was narrowing the argument to a specific exaction (penalty) imposed for a violation of a law, whereas Pubie widened Scalia's argument so far as to denude it of anything resembling a credible argument, because the SCOTUS has ruled "exactions not labeled taxes" to fall under the power of the Congress to tax.

This is why Saclia slyly keeps a narrow focus on his argument. Talk about Roberts being Marshall-esque...

these two men are very good atw hat they do --argue and debate.

But when self-deluded, self-described 'experts' like Pubie go on a rant -- they maim, shred, and destroy the very arguments they claim to stand behind.

and this is USMB Gold
(thank you Huell)