Posts Tagged ‘Alito’

Obamacare goes to court

Posted by Troy on 26th March 2012 in Current Events

Today was stage one of the Obamacare argument.  Basically, the government’s point today was that no one was harmed by the “tax” yet, so it cannot be challenged in court.

Judge Alito pointed out that today they were arguing that it was a tax.  Tomorrow, however, they are arguing that it is not a tax.  The importance of this definition is significant.  Before Obamacare was passed, it was important to the government that it  was not called a tax.  At the time, it was important that  it wasn’t a tax so that the people at large wouldn’t pitch a fit.  After it was passed, it was important that it was called a tax because there is no way that the law is Constitutional otherwise.

Throughout the entire 2,000 page tome that is Obamacare, there is no place where the penalty for not purchasing insurance is called a tax.  It is always called a penalty.  The only reason why it is in the Internal Revenue Code at all has to deal with the collection of the penalty.  However, all this is beside the point.  There are only two types of “direct” taxes which are available under the Constitution.  The first tax is not to be paid by individuals themselves but is levied against the states on the basis of their proportionate share of the population.  The other is the income tax.  The entire reason why we had to pass the Sixteenth Amendment was so they could do another direct tax based on individual income.  The proposed “tax” would be an odd direct tax based upon whether or not a specific product had been purchased.  In fact, there is no example in history of a tax for NOT doing something.

Needless to say, the idea that Obamacare is a tax fell flat on its face.  Tomorrow, they start to hear debates on the individual mandate.  As a lover of the Constitution and of America, I pray that Obamacare is shot down.  If we say that Congress can tell us we have to buy something just because we are alive, they will have unlimited power.

Long Live the Constitution!