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Mandate Not A Tax...Until It Is

By David King Published: June 29, 2012

It's been my position all along that the ObamaCare individual mandate was an unconstitutional interpretation of the Commerce Clause. Yesterday, the Supreme Court ruled that the individual mandate is an unconstitutional interpretation of the Commerce Clause.Very good.

But then the Supreme Court upheld the mandate anyway…by calling it a tax. Those dirty [expletive deleted].

Chief Justice John Roberts joined the liberal Obama rubber stamp wing of the Court in rendering a 5-4 decision to uphold the mandate. This is most interesting, because Obama, Pelosi, Reid, and the ObamaCare bill itself all said the mandate wasn't a tax (the ObamaCare bill calls it a "penalty").  Here's Obama, apparently lying to the American public in 2009 while being interviewed by ABC's George Stephanopoulos:

STEPHANOPOULOS: … your critics say [the individual mandate] is a tax increase.

OBAMA:  My critics say everything is a tax increase.  My critics say that I'm taking over every sector of the economy.  You know that. Look, we can have a legitimate debate about whether or not we're going to have an individual mandate or not, but ...

STEPHANOPOULOS:  But you reject that it's a tax increase?

OBAMA:  I absolutely reject that notion.

Health And Human Services Secretary, Kathleen Sebelius, who was instrumental in crafting and selling ObamaCare, also said the mandate was not a tax.

After the Obamanauts mantained all along that the mandate was not a tax, when the Supreme Court case started up, Obama's lawyers sensed that the  bogus Commerce Clause  justification wouldn't fly, so they began arguing that the individual mandate WAS a tax after all, don'tcha know. I knew the liberal rubber stampers would go along with the mandate even if they called it a cheeseburger, but I never thought any of the conservative justices would be fooled by Obama's 11th hour bait and switch ruse. Most of them weren't fooled, but Roberts was, and that, as they say, is that. Say it ain't so, John.

Nobody denies that Congress has the power to tax, but calling the individual mandate a tax is like calling a speeding ticket a tax, when it's really a punishment for illegal behavior. Not purchasing a legal privately sold product should never be illegal in this country and subject to punishment merely as a condition of one's existence. That's why we call it a "free market" instead of a "mandated market". This terrible decision opens up a brand new door for tyrannical government control freaks everywhere. Now there is precedent for the government to force you to purchase private products via it's taxing power. I guarantee you the tyrants are thrilled by the prospects of what they can do next to control all us irresponsible, snot-nosed underlings. For example, the government could levy fines on fat people unless they attend Weight Watchers (because there's an obesity "crisis" !). The government could levy fines on people who don't purchase electric cars (because there's a climate change "crisis" !). The government could fine you if you don't install solar panels in your house (because there's an energy "crisis" !). The government could fine you for not eating enough vegetables (because there's a health care "crisis" !) On and on it could and will go.  If you don't believe any of this could happen, well surprise, it just did happen with the ObamaCare mandate. And a federal task force just recommended that fat people should undergo counseling, which insurance companies would, of course, have to cover. Like rust, tyrants never sleep.

So now we royal subjects must prove to Obama that we have proper health insurance, as defined by Obama, of course, or our little bottoms will be spanked by the IRS. Btw, Obama has diverted half a billion dollars to the IRS to implement and enforce ObamaCare, and that is only PART of the additional funding necessary. We royal subjects get to pay for that too.

There was one small victory for liberty yesterday. By a margin of 7-2, the Supreme Court ruled that ObamaCare's provision requiring the states to greatly expand their Medicaid rolls or lose all Medicaid funding was unconstitutional. It's good to know the states have some degree of sovereignty left, and Emperor Obama's blackmail attempts still have some limits. States were going to have to expand their Medicaid rolls to handle the 20 million or so new Medicaid recipients created by ObamaCare. It's a good thing we don't have any major structural deficit/debt problems or problems with our existing unfunded entitlements, eh ? If we did, implementing ObamaCare at this time, the biggest entitlement expansion in 50 years, would be really freaking stupid. It's a good thing we don't have irresponsible leaders who are THAT out to lunch…

Guess what else, underlings ? Remember when Obama said he wasn't going to raise taxes on the middle class ? Now that ObamaCare has been upheld, he just did.

What a week.

The anti-freedom brigade is fired up and on the march today, and we're running out of options. There's only one chance left. The pro-freedom coalition has to win the presidency, the Senate, and maintain the House come november. It's not an impossible task. It will only take 51 votes in the Senate to repeal ObamaCare, because the Demoncrats passed it with 51 votes via budget reconciliation, against the will of the American people and the opposing party. I didn't think the stakes in these elections could get any higher, but they just did.

 

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