Comments on: The Powers Of Obama’s ‘Politburo of Proctologists’

By: My RON-PAUL i

My RON-PAUL i — Mon, 02 Apr 2012 02:11:38 +0000

My own constitutional interpretation (as a citizen/libertarian/sometimes historian) is that government can tax to raise money but not use taxation to create powers otherwise not allowed. This is somewhat similar to John Marshall's dictum in McCulloch v. Maryland on state levies in violation of the Constitution: "the power to tax involves the power to destroy". If you allow either (a) unlimited interpretation of "interstate commerce" (e.g. head-scratching is related to interstate shampoo sales so government can regulate scratching) or (b) unlimited taxing power (e.g. everyone is taxed $ 1 million but you get a $ 1 million "tax credit" for buying shampoo) - then the constitution has ZERO meaning as a document of limited enumerated powers. In this sense, Randy Barnett, is too much of a wimpy court libertarian (in the Rockwellian interpretation) since it attacks the legal form of Obamacare instead of its generic substance (controlling human behavior). Morphed by legal subterfuge into a more acceptable form, then Obamacare all turns "constitutional". Barnett is also a vigorous advocate of using the Supreme Court - 14th Amendment - to permit federal oversight of lots of state laws - a position that has a major downside as well as an upside.

By: Rebel Without a Clause

Rebel Without a Clause — Sun, 01 Apr 2012 21:51:44 +0000

There’s actually 2 mandates involved in ZeroCare. (1) the requirement that everyone not privately insured buy the gov’t ins., and (2) a requirement that private insurers cover pre-existing conditions. This second mandate is in fact the key to the whole racket; it turns private insurance into a welfare program. And, since it cannot – unlike the gov’t – print money, the private health insurance industry will go out of business fairly soon via skyrocketing costs and premiums. Then, even if the SC rules against the 1st mandate, most people will have no option but the gov’t insurance pay-in. Until that all kicks in, of course, DC will have to finance the whole mess by even more debt creation, but that won’t stop them…45% of every dollar they spend now is debt creation. In short, the SC better throw out the whole law, not just the mandate, or the Reds win anyway.

By: irongalt

irongalt — Sun, 01 Apr 2012 15:22:32 +0000

” First, there’s the text of the Constitution itself. The text of the Constitution itself gives Congress the power to levy taxes on people and on income. We can’t dispute that.”

That’s why, sadly, the constitution is at the least horribly flawed, and at the worst a carefully crafted scheme giving birth to the harpy-government we have today. Supporting the “worst-case” conclusion is Jefferson’s own replacement of the Lockean phrase “Life, Liberty, and Property” with the fraudulent “life, liberty, and the persuit of happiness” phrase we have today. Jefferson would be proud: after all his brain child grew up big and strong, and is now the apex predator.

Thieves. Nothing better. In many cases far worse.

As long as people get caught up in the “theft for a good cause” thought track, they will always wind up where this country is now.

You can’t steal for ANY reason and have a good outcome. (The “theft for services rendered” track is equally fallacious, as even the most basic reasoning shows.)

By: Sioux

Sioux — Sun, 01 Apr 2012 14:43:23 +0000

I need to clarify my confusing sentence – My question is why aren’t people also upset about the Medicare mandate? Why wasn’t Medicare used as the precedent for Obamacare in that you can’t opt out?

By: Redman

Redman — Sun, 01 Apr 2012 14:41:40 +0000

The taxing comment is partially true; the Constitution provides taxing authority to the central govt. via either an excise or a capitation, That means a tax on activities (excise) or property (direct). Additionally, the excise is for only activities that the central govt. has an ownership interest and the direct is restricted via the apportionment requirement. For more information and details, see losthorizons.com.

By: Sioux

Sioux — Sun, 01 Apr 2012 14:41:03 +0000

I have worked in the health care/hospital industry since 1973. I have watched history repeat itself so many times in those nearly 40 years that my head is spinning.

This is about Money and Power in that order. There was no health care crisis in 2008 except for the Illegals storming the ER’s of US hospitals. That won’t be solved by Obamacare. The Feds own numbers showed 20-40 million still not insured by this Power Grab legislation (just about equal to the numbers of Illegals when this all started).

I don’t know why anyone is upset about the Medicare mandate – I don’t want to be forced into that, but the law doesn’t allow opting out. Back in 1965, most old people had no insurance, so were thrilled to have this new “bennie.” Now, we Boomers look at it and say “Where’s my Free Choice???”

I think Govt. and Employers, one and all need to get out of the medical insurance business. Give me the tax deduction and let me shop for my own insurance.

By: George Pal

George Pal — Sun, 01 Apr 2012 13:44:54 +0000

Having already made inroads to illegitimizing itself as in the Roe v Wade and Kelo v New London decisions, the Court need only approbate Obamacare to conclude the concinnity of our three branches of government as coequally illegitimate.

The Executive branch went illegitimate when it abrogated its Constitutional duty to secure the borders (Mexico), protect its citizens (Arizona), and legally deal with illegal aliens. I should think this premeditated mal-misfeasance absolves taxpayers of their duty – yes?

The Legislature went illegitimate when it passed a 2500 page bill without anyone having read it as well as the admission no-one could know what was in it until it was passed. In the competition for the blue ribbon ‘best in show bastard’ the Legislature has a considerable lead for its creativity as its efforts most resemble passing satire in lieu of law.

By: james huggins

james huggins — Sun, 01 Apr 2012 12:34:05 +0000

The fact that even a reasonable percentage of Americans, though not a majority as the leftist whores in the media attest, support Obamacare or any other personal invasion of an obviously corrupt and power grabbing federal government is a monument to mass gnorance and gullibility.