It Now Falls To Congress......

Listening

Gold Member
Aug 27, 2011
14,989
1,650
260
ObamaCare was a mistake from the start, a massive effort by the federal government to take over and control one-sixth of the economy – indeed, the part that concerns the most complex and intimate details of life, our health. It’s the most ambitious example to date of the political hubris progressives have displayed for over a century now, the belief that government can solve all of our problems.

Today, the Supreme Court had an opportunity to put a brake on that hubris. Four justices, led by Justice Kennedy, would have done so. But Chief Justice Roberts joined the four justices who are Exhibit A of the modern hubris, writing for the Court to uphold almost all of this monstrous intrusion on our liberty and on the very theory of the Constitution. And he did so on the flimsiest of rationales for deciding a constitutional question – precedent. If precedent carried the weight Roberts gave it today, we’d still be riding in segregated trains and sending our children to segregated schools.

>>>>>>>>>>>>>>>>>>>>>

It will fall to Congress, then, to undo this monstrosity, if it can. Under the Constitution, as written, health care would be provided like any other service that’s stayed largely free from government control. But starting with World War II wage-and-price controls and the tax advantages that were given to employer-provided health insurance, it’s been one government intrusion after another and a textbook example of how government can completely mess up what free markets plus voluntary charity can efficiently order while respecting the rights and dignity of people in the process. That’s a vision, the Founders’ vision, that Congress can restore, even if this Court has failed to do its part today.

It Now Falls to Congress | RealClearPolitics
 
Last edited:
So let’s look a bit more closely at this decision – which, to be clear, will take some time to fully digest. The Court rejected the administration’s main argument for the individual mandate, based on Congress’s power to regulate interstate commerce: "The power to regulate commerce presupposes the existence of commercial activity to be regulated." But that’s a slim victory for those of us who’d argued that “not buying insurance” is not an act of commerce. How often does Congress try to regulate “non-commerce” under its power to regulate interstate commerce? As best anyone could tell, this was the first time Congress had ever tried such an expansion of its power.

And because there’s no “commerce,” the Court rejected the parasitic Necessary and Proper Clause argument, too, which affords Congress the means to carry out its other powers.

But Robert’s bought the administration’s second fallback argument – that the penalty for not buying insurance is a tax, even though the administration abandoned that argument during the course of litigation, and even though calling it a “tax” would seem to implicate the Anti Injunction Act, which would preclude the Court from even deciding this case until someone was forced to pay the tax, which won’t happen for another couple of years. Yet the Court apparently brushed aside that AIA impediment – talk about lawlessness – in its rush to uphold ObamaCare.

*****************************

And you can start to see where congress can get its hands on this thing and bust it to pieces.
 
I'm okay with calling it a tax, but not okay with the idea that Congress can tax ANYTHING, even non-activity. I mean, what's next?
 
I'm okay with calling it a tax, but not okay with the idea that Congress can tax ANYTHING, even non-activity. I mean, what's next?

Just what is being asked today.

People called Roberts a genius.

I wonder if he has a clue as to the pandora's box he's opened.

Wait until a theocratic congress decides to tax the hell out of getting an abortion.
 
I'm okay with calling it a tax, but not okay with the idea that Congress can tax ANYTHING, even non-activity. I mean, what's next?

BTW: It was sold to the lemmings on the left as not being a tax.

I wonder if you could find enough integrity between the entire Obama WH to fill a thimble ?
 

Forum List

Back
Top