By Terry | Constitutional
Do you remember how the Supreme Court defended Obamacare to keep it place? They claimed that it was legal because it was a tax (despite Obama’s insistence that it wasn’t).
Therefore, since the Federal Government is permitted to impose taxes on the States, it was therefore a Constitutionally granted right of the Federal government to levy taxes on its citizens. Of course, they ignore the fact that the Constitution reads:[quote]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; but all Duties, Imposts and Excises shall be uniform throughout the United States; – Section 8- Clause 1[/quote]
Note the words “shall be uniform throughout the United States;”
Was Obamacare a uniform tax (or our income tax for that matter)? Hardly, it was imposed as a penalty and only applied to those who did not accept or have medical coverage. This was not a uniform tax but a tax targeting those citizens who did not adhere to this Federal Act.
BTW, our income tax is not a uniform tax as well but rather a graduated tax applied more steeply to the higher income earners. Does this meet the authority granted under our Constitution as stated in Section 8, Clause 1 noted above? I think you can logically decide that for yourself.
Anyone doing anything about it? Not without courage since our courts are skewed to operate under Maritime or Martial law which is statutory rather than Constitutionally based, but that is another can of worms for another post.
OK, forget about all of the above for a moment because something happened on the way to the Trump tax reform program which is now law. Something that is, if justice will be served, a game changer for the Obamacare legislation.
You seem the Trump tax reform just happened to eliminate the Obamacare individual mandate.
There was a Constitutional challenge to Obamacare which made it all the way up to the Supreme Court. Despite Obama’s insistence that it was NOT a tax, the Supreme Court justified Obamacare on the basis of the Constitutional authority stated above, disregarding the “shall be uniform” clause of course.
However, during the passage of the Trump tax reform there was a portion included which eliminated the taxation portion of the Affordable Care Act. Now, the mandate is gone with the Trump tax reform plan which is, in fact, now Federal law.
Can you see where this leading? Well, Congress didn’t and President Trump didn’t but now….
Whoda thunk? Now that there is no longer an individual fine for NOT having health insurance just what is it that makes Obamacare Constitutional?
The Supreme Court upheld the Affordable Care Act based on the tax (which Obama flat out lied to the public about btw). The penalty still applies in 2018 but goes away beginning in 2019. Therefore, what went out the window with the Trump tax reform passage was the Supreme Court justification for Obamacare.
The Obama administration argued that the individual mandate was permissible under Congress’s power to regulate interstate commerce. The Supreme Court rejected that ploy concluding that the federal government is not allowed to force people who aren’t engaged in commercial activities to buy a product or service.
However, contrary to Obama’s claims when pushing his Socialist medical plan during the debate over its passage, Obamacare was a tax and well, based on the Constitution, the Federal Government could tax the citizens in the states.
Guess what Obamacare fans. It ain’t a tax no more. So the, where is the Constitutional justification for the act? The Supreme Court already eliminated the interstate commerce argument. So, what’s left? Hint: Nuttin!
The complaint to end Obamacare was filed in the U.S. District Court in the Northern District of Texas against the Trump administration.
The complaint stated “In reaching this end, the majority concluded that Congress’s taxing-power interpretation was only ‘fairly possible’ because the provision at issue raised ‘at least some revenue for the Government,'”.
Texas Attorney General (AG) Ken Paxton has now turned the tables on the Supreme Court. The Plaintiffs are arguing that now that the tax penalty has been repealed there is no legitimate basis for the law.
Paxton stated:[quote]With no remaining legitimate basis for the law, it is time that Americans are finally free from the stranglehold of Obamacare, once and for all,[/quote]
The complaint also reads “Once the heart of the ACA- the individual mandate- is declared unconstitutional, the remainder of the ACA must also fall.”
Other than Maine and Mississippi, all of the states in the suit are represented by GOP AG’s. Other states include Alabama, Arkansas, Arizona, Florida, Georgia, Indiana, Kansas, Louisiana, Missouri, Nebraska, North Dakota, South Carolina, South Dakota, Tennessee, Utah and West Virginia.
The Supreme Court justification under the tax clause (as loosely as it was interpreted) no longer exists. Obamacare really is no longer a tax.
This, of course, will take time. The Federal Government will drag their feet as much as possible because Obamacare represents Federal government power over the citizens which is what they want. What they don’t want is to give that power back. Once they get it, they want to keep it as long as there is a nation to exert their control over.
It’s called socialism folks which is really a euphemism (like Progressivism) for Marxist-Leninist Communism. May sound a bit conspiratorial but them’s the facts. Trace socialist mandates back to their originating sources and you will find a Communist government as the origin.
Read the Chinese, Cuban and North Korean Constitutions and you will find a socialist form of government in their Constitutions to justify their forms of government.
Keep your eye on this one, even if the Democrats manage to wrest back control of Congress through their deceptive misinformation and lie based campaigns, it could spell the end of this Marxist mandate without a Congressional vote to boot.
Sweet huh? Music to my ears at least. Like it or not leftists, this is for real.
We’ll see what the leftist traitors in office do to undermine this one. You can be sure they will do all in their power to keep this buried under an avalanche of legalism and procedure. After all, it’s power over the people they are after and this undermines a very large source of that and a big feather in the Obama legacy cap as well. Mother Jones ain’t gonna like that now is she?
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