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GrantedBail
reply to post by sonnny1
The ACA is the law of the land. I don't like it either. But it is foolish to think that it can be overturned. It has already been challenged Constitutionally in the Supreme Court. It is a done deal. Now, we move from here.
Not surprisingly, the mainstream media paid it little attention; but back in November, the U.S. Supreme Court shocked many in the legal community by granting Liberty Counsel’s motion for a rehearing on its multi-pronged challenge to Obamacare. The high court ordered the 4th U.S. Circuit Court of Appeals to rehear arguments. This is extremely rare and means, almost certainly, that Chief Justice Roberts will get another bite at the rotten apple – this time, with a whole new quiver of legal arrows.
Finally, Liberty Counsel’s brief argues that Obamacare is invalid because, since it’s a tax – as the Supreme Court already ruled in June – it violates the Constitution’s Origination Clause. To pass constitutional muster, tax bills must originate in the House, not the Senate.
The Constitution is unambiguous on this matter: “All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.” Const. art. I §7, cl. 1.
As Liberty Counsel’s brief notes, “Though denominated with a House bill number, the Act actually originated in the Senate, and therefore violates the Origination Clause.”
“And to boot,” continued Staver, “the entire law is invalid because tax bills must originate in the House, and Obamacare originated in the Senate.”
In accepting the tax argument, the court relied on the “well-established” principle that “if a statute has two possible meanings, one of which violates the Constitution, courts should adopt the meaning that does not do so.”
The court then noted that the government’s argument—that the mandate represented a tax on people who choose not to buy health insurance—“makes going without insurance just another thing the Government taxes, like buying gasoline or earning income.”
In deciding to accept the government’s tax argument, the court wrote that “the question is not whether that is the most natural interpretation of the mandate, but only whether it is a ‘fairly possible’ one.”
How can the court call the mandate a tax if the law itself didn’t call it that?
The court is not bound to interpret laws exactly as they are written, but uses what it calls a “functional approach”—considering the substance of a law in addition to its formal language.
Under this approach, the court ruled that the penalty the law imposes on people who don’t buy health insurance “looks like a tax in many respects,” and that it is permissible under the court’s previous case law for several reasons: the amount of money due is “far less than the price of insurance” and it is collected by the IRS under normal means of taxation.
The court acknowledged that the mandate “is plainly designed to expand health insurance coverage,” and noted that “taxes that seek to influence conduct are nothing new”—for example, the taxing of cigarettes to discourage smoking.
Finally, the court reasoned, the mandate does not make the failure to buy health insurance unlawful. Beyond the payment to the IRS, the court explains, “neither the Act nor any other law attaches negative legal consequences to not buying health insurance.”
GrantedBail
reply to post by sonnny1
Wrong. It is the law of the land:
Thanks to the Supreme Court, it is now undeniable that Obamacare was tax legislation. It was also, by its own proclamation, a bill for raising revenue. Democrats maintained that the Senate proposal would reduce the federal budget deficit by $130 billion. More to the point, the bill contained 17 explicit “Revenue Provisions” — none of which was remotely related to the House bill to which the Senate proposal was attached. Therefore, Obamacare is revenue-raising tax legislation, originated in the Senate in violation of the Constitution.
GrantedBail
PS Seriously?? A link from the National Review?? Why didn't you just send me the Heritage Foundation website.
You people have been scammed.
For example, in the years 1946–1992, the U.S. Supreme Court reversed itself in about 130 cases.[7] The U.S. Supreme Court has further explained as follows: [W]hen convinced of former error, this Court has never felt constrained to follow precedent. In constitutional questions, where correction depends upon amendment, and not upon legislative action, this Court throughout its history has freely exercised its power to reexamine the basis of its constitutional decisions. — Smith v. Allwright, 321 U.S. 649, 665 (1944).
GrantedBail
reply to post by sonnny1
The ACA is the law of the land. I don't like it either. But it is foolish to think that it can be overturned. It has already been challenged Constitutionally in the Supreme Court. It is a done deal. Now, we move from here.
Interesting concern for maturity.
"shut their mouths"
People debate. Get over it.
Once someone else can tell you what to believe you'll then know what you believe.
Gotcha.
beezzer
GrantedBail
reply to post by sonnny1
The ACA is the law of the land. I don't like it either. But it is foolish to think that it can be overturned. It has already been challenged Constitutionally in the Supreme Court. It is a done deal. Now, we move from here.
I get such a kick when people state this.
So abortion should have remained illegal?
So slavery should have remained legal?
So gay marriage should have remained illegal?
So prohibition should have remained legal?
Progressives. (roll eyes)
boncho
Also known as cease and desist with bias rhetoric, imagine.
boncho
Or is your current understanding of a debate, what happens on Fox News, MSNBC when political candidates are handed loaded questions they chose to answer?
boncho
I believe I asked for an independent, non biased review of information backed by statistics and data collection. Of course, if you are looking for the latest republican/democrat talking points, by all means.
boncho
beezzer
GrantedBail
reply to post by sonnny1
The ACA is the law of the land. I don't like it either. But it is foolish to think that it can be overturned. It has already been challenged Constitutionally in the Supreme Court. It is a done deal. Now, we move from here.
I get such a kick when people state this.
So abortion should have remained illegal?
So slavery should have remained legal?
So gay marriage should have remained illegal?
So prohibition should have remained legal?
Progressives. (roll eyes)
So segregation should be repealed?
So slavery should be reinstated?
So gay marriage should be repealed?
So... etc, etc, etc.
The argument you are posing is a fallacy because the same could be made as the opposite with no real change to your premise.
beezzer
boncho
beezzer
GrantedBail
reply to post by sonnny1
The ACA is the law of the land. I don't like it either. But it is foolish to think that it can be overturned. It has already been challenged Constitutionally in the Supreme Court. It is a done deal. Now, we move from here.
I get such a kick when people state this.
So abortion should have remained illegal?
So slavery should have remained legal?
So gay marriage should have remained illegal?
So prohibition should have remained legal?
Progressives. (roll eyes)
So segregation should be repealed?
So slavery should be reinstated?
So gay marriage should be repealed?
So... etc, etc, etc.
The argument you are posing is a fallacy because the same could be made as the opposite with no real change to your premise.
Wrong. Supporting something because "the law is the law" is what I'm trying to point out. Countless times in history have laws been over-turned, repealed, changed, negated.
Accepting a law because it is a law is the fallacy.edit on 11-10-2013 by beezzer because: (no reason given)
boncho
Well in this case it was a law that was voted in democratically no?
I will not imagine. I'm libertarian at heart... which is why I'll never suggest you shut your mouth no matter what you choose to issue from it.
It's my responsibility to learn to filter whatever rhetoric you send forth.
I'm sure you would be content to believe so.
I'm sorry you are having difficulty finding useful information.
Yes... so let's see. The way you as a citizen are to suggest we evaluate government programs... is to go ahead and have them implemented... wait a year... and see how they turned out. Because we know that once a government program gets a breath of life it will keep itself in check and the citizens will get meaningful information. Like our unemployment statistics.