“Not only is it fair to read this as an exercise to the tax power, but this court [SCOTUS] has got an obligation to construe it as an exercise of the tax if it can be upheld on that basis.”
–Solicitor General Donald Verrilli
Man, what a week it has been for news–SCOTUS ruling on the Arizona Immigration (S.B. 1070), SCOTUS ruling on Healthcare, AG Holder slapped with Contempt of Congress … PHEW! I’ve never had so many press releases from our reps and senators fill up my inbox like I did yesterday following the SCOTUS ruling on healthcare. My head is spinning.
Like many conservatives, I was shocked and appalled Chief Justice Roberts sided with the liberal Justices. Unlike some conservatives, I don’t have any stomach right now to try and spin this as some kind of “win.” The bottomline, to me, and others, is the case was won! Four of the more right-leaning Justices were opposed to Obamacare. They were ready to strike it down. But the Chief Justice apparently saw it his duty to save the legislation by declaring the so-called healthcare “penalty” a “tax.” Dr. Mark Levin describes the decision as “absolutely lawless.”
Apparently Roberts just rewrote the legislation to make it pass constitutional muster. This sets an astonishing precedent. The federal government has just been given authority to tax conduct, i.e. behavior.
Last night, I tweeted the following on Twitter:
So, if we tax behavior now, we can tax anything: the air you breath, the rain water on your roof, the ground you walk on … #caring
— The Right Planet (@therightplanet) June 29, 2012
Right now, I’m in the process of reading through the dissenting opinion of Scalia, Thomas, Kennedy, and Alito. What I have read of the dissenting opinion seems to line up with my conclusion that this ruling, in effect, has opened the door to taxing any human activity–any human “behavior.” I call that tyranny–plain and simple. The dissenting Justices wrote in their opinion (emphasis mine):
What is absolutely clear, affirmed by the text of the 1789 Constitution, by the Tenth Amendment ratified in 1791, and by innumerable cases of ours in the 220 years since, is that there are structural limits upon federal power—upon what it can prescribe with respect to private conduct, and upon what it can impose upon the sovereign States. Whatever may be the conceptual limits upon the Commerce Clause and upon the power to tax and spend, they cannot be such as will enable the Federal Government to regulate all private conduct and to compel the States to function as administrators of federal programs.
That clear principle carries the day here. The striking case of Wickard v. Filburn, 317 U. S. 111 (1942), which held that the economic activity of growing wheat, even for one’s own consumption, affected commerce sufficiently that it could be regulated, always has been regarded as the ne plus ultra of expansive Commerce Clause jurisprudence. To go beyond that, and to say the failure to grow wheat (which is not an economic activity, or any activity at all) nonetheless affects commerce and therefore can be federally regulated, is to make mere breathing in and out the basis for federal prescription and to extend federal power to virtually all human activity.
To add insult to injury, President Obama lied to the American people and claimed (rather testily I might add) the individual mandate was not a tax, when, in fact, it is the largest tax increase in U.S. history–right on the backs of the middle-class.
OH NO! I thought Obama was trying to save the middle-class? I thought he was fighting for the middle-class? I don’t listen to Obama anymore. He’s lied too many times. I watch what he does. So, if he’s fighting for the middle-class, then he has a weird way of showing it. I fail to see how the greatest tax increase in world history is “fighting for the middle-class.” Maybe Obama meant to say he was “fighting against the middle-class.”
But Marxists always lie; they always do the exact opposite of what they say they are going to do. If Obama had told the American people that Obamacare would result in the greatest tax increase ever, it would have never even been considered.
On a sidenote, did you know the Boston Tea Party occurred over a 2-3% tax increase? Yeah! They were so mad about a 2-3% tax increase back then that they started tossing tea off ships in the harbor. Now, we have the greatest tax increase in history. If the healthcare bill is fully implemented, it will wipe out the private insurance industry–which has always been Obama’s goal.
Is that what we want? More destruction of the private sector? The destruction of the middle-class? The Left wants it. They are working very hard at it. It’s up to the American people now to halt this mind-numbing assault on our individual sovereignty. Enough is enough … NOVEMBER COME QUICKLY!