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Obamacare passed in Supreme Court because it was considered a TAX

Posted on 1/5/17 at 12:40 pm
Posted by AuburnTigers
Member since Aug 2013
6934 posts
Posted on 1/5/17 at 12:40 pm
Obamacare is a blight on the working class and a free hand out to the poor lazy mother frickers that block vote Democrat.
Posted by Wtodd
Tampa, FL
Member since Oct 2013
67482 posts
Posted on 1/5/17 at 12:44 pm to
It passed bc Roberts legislated from the bench which the SCOTUS is not supposed to do; Obama & crew argued it was a fine
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98441 posts
Posted on 1/5/17 at 1:03 pm to
quote:

Obamacare passed in Supreme Court because it was considered a TAX by AuburnTigers


and because it is a tax, it can be gutted via reconciliation
Posted by alphaandomega
Tuscaloosa
Member since Aug 2012
13489 posts
Posted on 1/5/17 at 1:09 pm to
quote:

and because it is a tax, it can be gutted via reconciliation


And because it was deemed to be a tax, it is a fraudulent law. It began its life in the Senate. All taxation bills, according to the constitution must begin in the House.

If is was a tax it should have been deemed unconstitutional based on that fact.
Posted by wickowick
Head of Island
Member since Dec 2006
45792 posts
Posted on 1/5/17 at 1:18 pm to
Yep
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
27335 posts
Posted on 1/5/17 at 1:26 pm to
Actually this was a great example of Parliamentary Procedure. It was called Deem and Pass or the self executing rule. Basically the Democrats found a loophole by presenting and passing an Amendment on a non passed bill. Check it out.

They went and assumed that a Senate bill was passed and by making that assumption passed an Amendment to the bill that was the ACA. Then they sent the Amendment to the Senate to be passed.

It's trickery but it is allowed....and as such will pass Constitutional muster. I'd like to give Harry Reid two black eyes for that burn Paul Pelosi's vineyard in CA for that.
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
42506 posts
Posted on 1/5/17 at 1:57 pm to
quote:

They went and assumed that a Senate bill was passed and by making that assumption passed an Amendment to the bill that was the ACA. Then they sent the Amendment to the Senate to be passed.


WAIT - I had always heard that they gutted a House bill and replaced it with the ACA language, passed that as an amendment and sent it back to the House for their approval of the 'amendment.' Is that not correct?
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
42506 posts
Posted on 1/5/17 at 1:59 pm to
quote:

It's trickery but it is allowed....and as such will pass Constitutional muster. I'd like to give Harry Reid two black eyes for that burn Paul Pelosi's vineyard in CA for that.

It should be specifically forbidden to pass something of consequence with any sort of "trickery" associated with it.

Something that affects over 10% of the nations economy should be restricted to regular order with tons of daylight shone on every process.
Posted by C
Houston
Member since Dec 2007
27816 posts
Posted on 1/5/17 at 3:24 pm to
Well it did lead to republicans taking back full control of the govt. Dems will pay for this for decades as the Supreme Court is about to be stacked with conservatives as the older ones pass.
Posted by CaptainBrannigan
Good Ole Rocky Top Tennessee
Member since Jan 2010
21644 posts
Posted on 1/5/17 at 3:32 pm to
quote:

If is was a tax it should have been deemed unconstitutional based on that fact.



Why? The precedent of the power to tax is set. Where do you ser precedent of it being unconstitutional?
Posted by CorporateTiger
Member since Aug 2014
10700 posts
Posted on 1/5/17 at 3:37 pm to
Roberts did the exact opposite of legislate from the bench. He saw a tax, called it a tax, and treated it as such.

Congress has broad power to tax and ACA is a tax.
Posted by wickowick
Head of Island
Member since Dec 2006
45792 posts
Posted on 1/5/17 at 3:37 pm to
quote:

Why? The precedent of the power to tax is set. Where do you ser precedent of it being unconstitutional?


All taxes have to originate in the House. This bill originated in the Senate, well what they did was take a House bill that had nothing to do with healthcare and pull 100% of the wording out, then they replaced the working with the current wording of Obamacare and then the Senate voted on it and passed it then they sent that to the House and they passed it.
Posted by Mr. Katanga
Member since Jan 2013
1120 posts
Posted on 1/5/17 at 3:42 pm to
I think you crammed in every ridiculously wrong cliche in that sentence, sweetheart. Way to go, little guy!
Posted by FutureRATeammember
Member since Jan 2015
3768 posts
Posted on 1/5/17 at 3:42 pm to
Bless your heart
Posted by CaptainBrannigan
Good Ole Rocky Top Tennessee
Member since Jan 2010
21644 posts
Posted on 1/5/17 at 3:43 pm to
quote:

All taxes have to originate in the House.


Revenue bills have to start in the House. This tac is not meant to be a source of revenue, thus it did not apply.


Also there has never been a successful Supreme Court challenge using the origination clause.
Posted by RCDfan1950
United States
Member since Feb 2007
34856 posts
Posted on 1/5/17 at 3:49 pm to
quote:

Well it did lead to republicans taking back full control of the govt. Dems will pay for this for decades as the Supreme Court is about to be stacked with conservatives as the older ones pass.


Worth it for that alone. Obama/Dems pulled a 'Saddam Hussein' and invaded before securing their nuke. Another few years of Open Borders with migration to Rust Belt/Red States...and it would have been curtains for Constitutional Rule of Law.

I would not be surprised is Trump (deficit spending Infrastructure Policy) pleases Dems during the interim, and allows for stacking the Court. Once that happens, open insurrection is all that could that could accomplish the kind of "fundamental change" that Obama/Progs attempted.

Of course, given high tech advance as such relates to unemployment...Government becoming a major player/arbiter in the systematic distribution of essential goods and services is a virtual fait accompli. The best we can hope for is to buy time, hoping for honest leadership and healthy QUALIFYING CRITERIA for Subsidization...while we wait on high tech to solve a lot of our basic need problems.
Posted by stinkdawg
Savannah, smoking by the gas cans
Member since Aug 2014
4072 posts
Posted on 1/5/17 at 4:01 pm to
ACA would be doomed if they didn't pass the mandate that everyone has to buy it. They passed the ACA but got called out on it for being unconstitutional because never has a the US ordered it's public to purchase something. The SC dodged that buy declaring it a tax. Before this Obama said the mandatory purchase was not a tax but when the SC said it was he shut up and said "Suck it America, what ever."
Posted by Loserman
Member since Sep 2007
21855 posts
Posted on 1/5/17 at 4:03 pm to
Roberts allowed it because it was a tax.

It may be the worst decision in the History of the court because it is the first time in History that a tax was allowed to be levied on inactivity.

All taxes previously known to mankind require participation.

Property tax requires owning property.
Tobacco tax requires buying the product
Tea tax requires buying the tea
Income Tax requires having a job

If you don't want to pay that tax then don't participate in the activity


After this decision by the Supreme Court the Government can now tax you for inactivity.

Don't buy health insurance pay a tax

Which can lead to anything the Government decides they want you to do

Stupid shite like this can now be taxed
Don't run 3 miles a day pay a tax


This post was edited on 1/5/17 at 4:05 pm
Posted by AuburnTigers
Member since Aug 2013
6934 posts
Posted on 1/5/17 at 4:04 pm to
quote:

I think you crammed in every ridiculously wrong cliche in that sentence, sweetheart. Way to go, little guy!
attacking the messenger, not the message. So edgy, so cool
Posted by GeauxxxTigers23
TeamBunt General Manager
Member since Apr 2013
62514 posts
Posted on 1/5/17 at 4:06 pm to
Obamacare and women in combat being repealed are the two things I look forward to the most with this administration. Both represent a massive rejection of everything the Democratic Party stands for. It's going to beautiful to watch progressives melt over their entire worldview collapsing before their very eyes.
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