Difference between revisions of "Debate: U.S. Supreme Court ruling on ObamaCare: a proper ruling?"

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(Brace yourself for the backlash Democrats: It's coming! =)
(Brace yourself for the backlash Democrats: It's coming!)
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== Brace yourself for the backlash Democrats: It's coming! ==
 
== Brace yourself for the backlash Democrats: It's coming! ==
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[[File:Obama NapoleonBellyHandCrM.jpg|75px|right]]
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'''All is not quiet on the [[ObamaCare]] front. ObamaCare may ultimately prove to be''' [[Barack Obama]]'s [[Waterloo]].[http://conservativetriumphs.blogspot.com/2012/06/all-is-not-quiet-on-obamacare-front.html]
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If you think the ObamaCare battle is over [[Democratic Party|Democrats]], you are sadly mistaken. [[Conservative]]s have not yet begun to fight on this political front and the U.S. Supreme Court ruling may prove to be a [[pyrrhic victory]].

Revision as of 19:17, 28 June 2012

ObamaCare is upheld by the Supreme Court of the United States (5-4) as a tax, not as a valid exercise of government power under the Commerce Clause:


The individual mandate cannot be upheld as an exercise of Congress's power under the Commerce Clause. ... In this case, however, it is reasonable to construe what Congress has done as increasing taxes ...."

Yes

The Supreme Court did not say that Obamacare is a good piece of legislation, or that it is right for the country. It merely said it is legal, which is hard to deny. It may be job-killing, it may not solve our health care problems, but it doesn't violate the Constitution. Jpope14 11:55, 28 June 2012 (EDT)

As bad as this law is, SCOTUS was right to say that, as a tax, it is constitutional. On a personal level, I'm glad for this ruling, because it will force Congress to act to repeal it; and given the fact that they have been ceding their power to the executive and legislative branch for the last 30 years, this would be a good time to retake some of it. EricAlstrom 15:14, 28 June 2012 (EDT)

No

"To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;" 1.8.3

Even if it was a tax it would mean those who have healthcare would be getting a deduction, therefore making taxes non uniform, in violation of Article 1 Section 8 Clause 1: "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;" 1.8.1

Also, regardless of whether or not it is a tax, it is clearly in favor of those who purchase healthcare and is an attempt to force people to get healthcare, which is in violation of Article 1 Section 9 Clause 6, suggesting that individuals are also included (which they aren't because it is specifically stated earlier that individuals are not to be subject to regulatory clauses at all) in regulatory clauses which is clearly what the Obama admin believes: "No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another." 1.9.6

Interesting points, but couldn't your argument equally apply to mortgage interest deductions? Or the child care deduction? Or charitable giving? I'm inclinded to agree with you, but given that our tax system is so screwed up, this tax isn't that different. EricAlstrom 15:11, 28 June 2012 (EDT)
You are misreading the very portion of the law that you are citing. "Duties, Imposts, and Excises" shall be uniform. Taxes do not have to be uniform. For example, the more money I earn, the higher percentage of taxes I pay. Taxes have never been "uniform" because the law does not require them to be. Jpope14 15:58, 28 June 2012 (EDT)
No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken. 1.9.4. Also this isn't even a tax question, the tax code has not been changed at all. There was no raise in taxes and there was no deduction added for people who have healthcare, this is clearly nothing more than a penalty. Back when this was going through congress Obama laughed at the notion that it was a tax hike and said critics only said that to make it look like a commercial regulation was a tax, but now that its constitutionality has been questioned its a tax!?

Brace yourself for the backlash Democrats: It's coming!

Obama NapoleonBellyHandCrM.jpg

All is not quiet on the ObamaCare front. ObamaCare may ultimately prove to be Barack Obama's Waterloo.[1]

If you think the ObamaCare battle is over Democrats, you are sadly mistaken. Conservatives have not yet begun to fight on this political front and the U.S. Supreme Court ruling may prove to be a pyrrhic victory.