Thread: Peter Schiff - The Supreme Court is wrong: ObamaCare is UNCONSTITUTIONAL

The Supreme Court is wrong: ObamaCare is UNCONSTITUTIONAL



Published on Jun 28, 2012 by SchiffReport

The Schiff Report - 6/28/2012 Two wrongs do not make a right. The fine for not buying health insurance is not a tax, its a penalty. And even if it is a tax, its unconstitutional anyway, as its a direct tax that must be apportioned. The Supreme Court is wrong twice.


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Justice Roberts May Have Just Provided the Means to Kill This Beast

Submitted by Denise B on Thu, 06/28/2012 - 16:57Daily Paul Liberty Forum
Justice Roberts has just declared in no uncertain terms that the Obamacare Mandate is a tax. Being a tax, it then falls under the taxing restrictions spelled out in Article 1 of the U.S. Constitution, namely:
Article 1. Section 2. Clause 3: Representatives and direct taxes shall be apportioned among the several states...
Article 1. Section 9. Clause 4: No Capitation or other direct tax shall be laid unless in proportion to the Census and Enummeration herein dictated to be taken (i.e. apportionment).
This mandate by definition falls under the direct tax category - a direct tax is any tax that can not be avoided....like the income tax, which they "allegedly" passed the 16th Amendment to try to get around.
It would seem that the states are now free to protect their citizen's from an unconstitutionally applied federal tax and could even file suit on those grounds. There is nothing which has overturned or changed these taxing restrictions in the Constitution and they couldn't even argue anymore that it isn't a tax, because they just declared that it was!
There may be a light at the end of this tunnel....

http://www.dailypaul.com/242394/just...ill-this-beast

Initially when I heard about the Supreme Court's decision on Obama-Care while at work today I was $#@*!!?*&%$#@!?#$^&*! mad. But...

The Trojan Horse of the John Robert's Decision

Related: Rubio: Court Decision 'Creates IRS Problem for Millions'

John Roberts, this is an absolute must read.

Date: Jun 28, 2012 3:32 PM

Hey Folks,
I'm sure that I'm like most of you and disapprove of the individual mandate ruling. But, you must read this. Roberts may be is a wily fox. Read this op-ed, in detail, and see if you agree with Mr. Erickson. His perspective is note worthy. Bottom line: the ruling puts Obama, and the Dems running for re-election, having to defend a 'new tax,' not s 'fine.' This is strong fuel for the Republican arguments of those running for office, including Romney.

Don of Indy

Subject: John Roberts
Dear RedState Reader,

As you have no doubt heard by now, the Supreme Court largely upheld Obamacare with Chief Justice John Roberts writing the majority 5 to 4 decision. Even Justice Kennedy called for the whole law to be thrown out, but John Roberts saved it.

Having gone through the opinion, I am not going to beat up on John Roberts. I am disappointed, but I want to make a few points. John Roberts is playing at a different game than the rest of us. We’re on poker. He’s on chess.

First, I get the strong sense from a few anecdotal stories about Roberts over the past few months and the way he has written this opinion that he very, very much was concerned about keeping the Supreme Court above the partisan fray and damaging the reputation of the Court long term. It seems to me the left was smart to make a full frontal assault on the Court as it persuaded Roberts.

Second, in writing his opinion, Roberts forces everyone to deal with the issue as a political, not a legal issue. In the past twenty years, Republicans have punted a number of issues to the Supreme Court asking the Court to save us from ourselves. They can’t do that with Roberts. They tried with McCain-Feingold, which was originally upheld. This case is a timely reminder to the GOP that five votes are not a sure thing.

Third, while Roberts has expanded the taxation power, which I don’t really think is a massive expansion from what it was, Roberts has curtailed the commerce clause as an avenue for Congressional overreach. In so doing, he has affirmed the Democrats are massive taxers. In fact, I would argue that this may prevent future mandates in that no one is going to go around campaigning on new massive tax increases. On the upside, I guess we can tax the hell out of abortion now. Likewise, in a 7 to 2 decision, the Court shows a strong majority still recognize the concept of federalism and the restrains of Congress in forcing states to adhere to the whims of the federal government.

Fourth, in forcing us to deal with this politically, the Democrats are going to have a hard time running to November claiming the American people need to vote for them to preserve Obamacare. It remains deeply, deeply unpopular with the American people. If they want to make a vote for them a vote for keeping a massive tax increase, let them try.

Fifth, the decision totally removes a growing left-wing talking point that suddenly they must vote for Obama because of judges. The Supreme Court as a November issue for the left is gone. For the right? That sound you hear is the marching of libertarians into Camp Romney, with noses held, knowing that the libertarian and conservative coalitions must unite to defeat Obama and Obamacare.

Finally, while I am not down on John Roberts like many of you are today, i will be very down on Congressional Republicans if they do not now try to shut down the individual mandate. Force the Democrats on the record about the mandate. Defund Obamacare. This now, by necessity, is a political fight and the GOP sure as hell should fight.

It seems very, very clear to me in reviewing John Roberts’ decision that he is playing a much longer game than us and can afford to with a life tenure. And he probably just handed Mitt Romney the White House.

60% of Americans agree with them on the issue. And guess what? The Democrats have been saying for a while that individual pieces of Obamacare are quite popular.

With John Roberts’ opinion, the repeal fight takes place on GOP turf, not Democrat turf. The all or nothing repeal has always been better ground for the GOP and now John Roberts has forced everyone onto that ground.

*A friend points out one other thing — go back to 2009.

Olympia Snowe was the deciding vote to get Obamacare out of the Senate Committee. Had she voted no, we’d not be here now.

Read my full thoughts here.

Sincerely yours,
Erick Erickson
Editor,RedState.com

John Roberts, this is an absolute must read. - Patriot Action Network

Related: Largest Tax Hike in History Via Obamacare....Thanks Obama!

Dear Townhall reader, The Supreme Court this morning upheld Obamacare. They allowed the law to stand, including the individual mandate. The Court has, in essence, given this decision back to Congress and the people, where political power ultimately resides. The House of Representatives has done its duty in voting to repeal Obamacare. The American people have also spoken: They do not support Obamacare and fear its consequences more every day. In fact, a recent poll shows that two-thirds of Americans favor repeal of all or some part of the law. With the outcome of the decision, The Heritage Foundation, America's leading conservative policy organization, has rallied and put together a Repeal Obamacare Project to raise the necessary funds to tirelessly fight for repeal. " We cannot allow Obamacare to stand, regardless of what the Court says. It must be repealed. Your support is critical. Donate today to The Heritage Foundation's Repeal Obamacare Project. Thank you for your support of conservative principles and the ideas that have made America great. Sincerely, Edwin J. Feulner, Ph.D. President The Heritage Foundation

The Heritage Foundation | 214 Massachusetts Avenue, NE | Washington, D.C. 20002 | (800) 546-2843

Today’s Supreme Court decision upholding the ObamaCare law has provided the perfect issue to activate the Tea Party movement, and this means that the November elections will be a national referendum on repealing ObamaCare.

We need to act now in preparation for repealing ObamaCare in 2013. One thing we can begin doing now is to urge our Representatives and Senators to introduce and pass legislation yet in this session of Congress to repeal ObamaCare period, not replace it. In fact, House Republicans have already announced they'll vote again on repealing ObamaCare on July 11.However, we already know that the chances for a vote in the Senate this session are virtually nil.The idea about pressuring our Representatives and Senators to vote on repealing ObamaCare yet this session is not to get ObamaCare repealed before the November elections, because we know that the Senate and President Obama would not permit that. Instead, the idea is to get as many Representatives and Senators as possible on record regarding the repeal of ObamaCare before the November elections and for them to feel the heat of constituent pressure for repeal, the better to use ObamaCare as an election issue.

Contact your Representative and Senators and urge them to vote for full repeal of ObamaCare now. This will help set the stage for a national referendum on ObamaCare in the November elections for President and Congress.

The Rasmusssen poll for June 23-24, 2012 shows 54% of likely voters favor repeal of ObamaCare and 39% oppose repeal, so we have numbers on our side.