Tuesday, July 3, 2012

The price of Liberty, part 1: The mandate tax

Although I have not finished reading the SCOTUS opinions (majority and dissenting), I am getting lots of emails asking me to weigh in, so, with fuller opinions coming in pieces, I expect (when I finish reading), here goes:

With respect to Justice Roberts:

Let's get something on the table right now: Chief Justice Roberts was absolutely correct, when he opined that the penalties levied in the mandate IS a tax, and therefore IS Constitutional. It is written in Section 8, part 1 of The Constitution, "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises...". This means, simply, that Congress WAS within its rights to impose a tax within the language of the healthcare bill. Further, Roberts stated that Americans DO NOT have the right to arbitrarily ignore those taxes levied by Congress. Sorry folks, but Roberts was acting properly in his opinion. He, in fact, was upholding The Constitution.

What Chief Justice Roberts did, in his opinion, was to:

a. Define that the imposition of a tax, levied by Congress, IS Constitutional.
b. Essentially removed activism in the Court (by NOT simply overturning the entirety of the healthcare law).
c. Sent the healthcare law back to the American people to ultimately determine whether it will stand the test of time; to either accept it as law or to force its repeal.

The danger within (the price of Liberty):

The danger posed by the SCOTUS decision is simply put: Congress has the power to impose taxes. This knife cuts both ways, though, Liberals, so don't get TOO comfortable with the findings of the Court! Consider:

Let's say that Congress, since the US government owns GM, imposes a tax on all cars that are "non-GM". They absolutely have the power to do so. OR, let's say that Congress imposes a tax on ALL religious affiliation. This, too, would be lawful under Section 8, Part 1.

On the other hand, let's say that Congress (both houses, of course) decides to impose a tax on all abortions. OR, let's say that Congress imposes a tax on all persons without religious affiliation.

Would ANY of these taxes be acceptable? (Remember: if ANY of these are acceptable, ALL of them are. And, in fact, if the mandate tax imposed by Congress in the healthcare bill is lawful....which has now been determined...then ALL of these other examples are also perfectly lawful, too).

Herein lies the danger, folks. What Chief Justice Roberts did was to leave the decision of whether the healthcare law will stand to the American people: YOU AND ME, folks. OUR job is to support...or repeal...the healthcare law as-is. Either way, it will depend entirely on HOW YOU VOTE in the coming terms. If you believe that it's a bad law, elect strict Constitutionalists who will repeal the law.

If you believe that it's a great law, then elect people who strongly support that law. It's really THAT simple, people. If YOU want the healthcare law repealed, YOU must act. YOU must be vocal. YOU must be an activist. YOU must fight for what you believe to be right. YOU must cause the repeal of this law.

There are several wonderful quotes appropriate to where we find ourselves in this....AND EVERY...election cycle, all of these from Thomas Jefferson:

"The democracy will cease to exist when you take away from those who are willing to work and give to those who would not."

"The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first."

"The natural progress of things is for liberty to yield and government to gain ground"

Conservatives: whether the United States remains the greatest society in history is entirely up to you.

Hirota: out for now....

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