The reaction to this decision is amazing. It has really stirred up the American people and that may be a really good thing!
Progressive-liberals are cheering this “landmark” affirmation of their health care reform. Pelosi even threw a party! This strikes me as really funny because, neither she (by her own words), nor Obama (by his own words), knew what was in this bill before it was passed (and … probably still don’t). Obama (if we can believe it) didn’t even know it was actually a tax. Remember when Obama told us that if we “thought it was a tax … then obviously we didn’t know the law”. So … how did all this confusion (or lying) come about? Could it simply be because they actually did not write this law and they have never actually read it? Does anyone know who wrote this bill? I don’t know who wrote this bill and I actually even tried to find out.
Max Baucus (D-Mont.), lead sponsor and supposed author of the Senate bill, admitted recently that he never even actually read it (never mind wrote it). There are stories about Robert Creamer (husband of far leftist Congress woman Jan Schakowsk) writing it while serving time in jail for 16 counts of bank fraud; and there are stories about it passing through the hands of Andy Stern, the infamous corrupt union boss of SEI. No wonder Pelosi snuck it through Congress … she really did have to pass it to find out what was in it!
One wonders why, if it is such a “great” bill, it does not apply to members of Congress? Or … why 729 companies representing 2.1 million employees, the AARP (who fought so hard to get it passed), and labor unions (hmmm … isn’t the SEIU a labor union) are requesting and receiving exemptions from ObamaCare? Maybe this helps explain Obama’s $1, 000,000,000 political war chest.
But, anyway back to my thoughts:
Many conservatives have been trashing Justice Roberts for his role in this decision. I am a conservative and I think they are wrong in doing that. And, actually, I think progressive-liberals are celebrating a bit too soon. All this trashing and celebration occurred as “knee-jerk” reaction before anyone had actually read and understood the Court’s decision. Let’s look at what has actually done.
Conservatives are pro-constitutionally based government … so lets look at the constitutional aspects of this decision:
If we consider the ideas of “checks and balances” and “co-equal branches of government,” we have to ask … do we really want the Supreme Court signing or vetoing our laws? 435 members of the House, 100 Members of the Senate, and the President passed this law. It is not the Supreme Court’s job to veto laws that Americans decide they do not like! It is the Court’s job to decide the constitutionality of a law … which they did. And, if the “penalty” for not purchasing healthcare is a tax used to help pay the massive debt this bill will incur, then it is constitutional … because Congress has the power to tax.
The solution to this problem is that we, as Americans, have to be careful who we choose to represent us. It seems we all love to hate Congress …. but we love our own individual Congressman or Congresswoman. After all. we keep re-electing them! I still remember the Congressional Bank Rubber Check Scandal! The names of members of Congress who were writing massive bad checks on the Bank of Congress were even published in newspapers. Guess what? In the next election about 95% of them got re-elected. I was appalled! So, people, we reap what we sow. You want better laws? Elect better representatives! Elect statesman … not greedy, corrupt politicians concerned with a political career, transforming the country, and/or “getting theirs!” Don’t expect the Supreme Court to do the job you won’t do because you are too lazy!
Either Obama did lie … or he is not as smart as people think. Either he denied it was a tax because he did not read the bill and did not know it was a tax, … or he knew it was a tax … but also knew Pelosi’s Senate needed to sneak it through Congress behind closed doors using sneaky “rules of reconciliation.” And, he did not want Americans to think he was raising taxes right after his campaign pledge not to.
So exactly what did Justice Robert’s do?
This case held a real danger for the Supreme Court from its beginning. This danger was the likelihood that the SCOTUS would be drawn into a serious confrontation over “policy” with the executive branch in the middle of an election year; and … “policy” does not (and should not) fall under the Supreme Court’s jurisdiction. The Justice Robert’s opinion can be seen as maneuver to avoid just such a pitched battle, while simultaneously blocking the Obama Administration’s attempted power grab.
It is important to remember that Roberts sided with the conservative members of the Supreme Court on most aspects of this decision. Pointing to the Commerce Clause … Obama’s administration, argued that Congress can regulate any behavior (or even non-behavior) that has even a minor effect on commerce. Justice Roberts rejects that contention lock, stock and barrel. In fact, this is the first time in the Supreme Court’s modern history, that the Court made a clear and decisive decision that actually limits what the federal government may do with its commerce authority! This Supreme Court decision means that Congress may regulate only real economic activity, and may do so only if the activity has a substantial effect on interstate commerce. Congress may not regulate a person’s choice to not enter into that stream of commerce. If progressive-liberals actually understood this … they would be screaming rape at very this moment!!
By setting the Commerce Clause aspect of this decision as he does, and by stating unequivocally that the individual mandate cannot survive on commerce grounds, Justice Roberts makes the Commerce Clause holding necessary to the decisions’ s final judgment (which, by the way, Obama and his cronies see as a victory). However, in reality this means that future commerce-clause-based Congressional actions will be controlled and limited by this decision (on which Justice Roberts and the four dissenting justices agree).
Another key part of Justice Roberts’ opinion is his conclusion that the individual mandate is actually a tax and not a penalty. While this decision does then make the mandate constitutional (because of Congress’s accepted power to tax) and allows the mandate to stand, it also effectively makes the mandate an isolated decision based on already accepted congressional power, and denies the Obama administration a new source of regulatory power.
By declaring the mandate a tax rather than a penalty, this decision has another effect. It makes repealing ObamaCare a bit easier. Now that the mandate has been revealed as the taxation it really is, it can be repealed through the use of the very same “reconciliation process” Pelosi, Reid, and company used to sneak it through in the first place. This means that a new, more conservative Senate would need only a bare majority vote for its repeal, and not 60 votes. Add to this the fact that, we know (because they have told so us repeatedly) that many members of Congress would never have voted for ObamaCare if they had known it was a tax. Now we can hold their collective feet to the fire in a “repeal” vote!
I think it is important to point out that at the beginning of his opinion, the Justice Roberts clearly states that the Court does not render an opinion as to whether ObamaCare contains sound policies. He re-visits this very same thought at the end of the opinion, stating that the Court does is not expressing an opinion on “the wisdom of the Affordable Care Act,” adding that, under the U.S. Constitution, that final judgment is actually reserved for “the people.” It sounds to me like Justice Roberts is asking the “people” to render a verdict on the inept leaders who wrote this horrible law in the first place! I strongly believe We the People should do exactly as he suggests.
As a nation, we absolutely cannot afford this unaffordable Affordable Care Act! Our government is broke! I don’t care if you are liberal, conservative, Democrat, or Republican! We have $16 Trillion in debt and a $1.6 Trillion deficit. Who is going to pay for it? Obama, we have just found out, has passed the largest tax increase on the middle class in the history of modern man disguised as a health care reform bill. The taxes and cost hidden in the bill are only now coming to light.
This bill is not about health care … it is about socialists seizing power! If it was written by Robert Creamer and the SEIU, this would make perfect sense. The poor are already dependent on liberal entitlement programs … so they have no choice but to tote the socialist party line. If the middle class can be forced into dependency on the government for their healthcare (by say … single payer system), then progressive, liberals, socialists (or whatever you want to call them) gain power and control over a huge block of Americans and will effective control their votes. It would be hard for these middle class Americans to “bite the hand that now feeds them.”
This next election is so important. It is time for conservatives, Republicans, and real Americans to come together! Romney was not my first choice but he is who we have. While not perfect … he is so much better than Obama there is no comparison. If we can elect him and at the same time gain a few more conservative seats in the House and Senate, we can restore common sense to our government and turn this ship around before it is too late and we are forced into another American Revolution by an out-of-touch, socialist regime lead by Emperor Obama.
One last note.
I recently signed up for a Twitter account. After the SCOTUS decision, Sarah Palin commented via a Tweet on the lies we all know Obama has told to get ObamaCare and his socialist agenda passed. We all know the lies … they are there and plentiful, … lies like: I will reduce debt by half, I will run a transparent administration, didn’t know Jermiah Wright was a radical, any health care deal will be seen on C-Span, I will not raise taxes, no earmarks in stimulus package, Obamacare will pay for itself, my father fought in World War II, I will lead in a bi-partisan manner, No boots on the ground in Libya, ObamaCare will not raise the deficit, I had an uncle who helped liberate Auschwitz, ObamaCare fee is not a tax, etc. It has gotten so bad even many honest liberals are commentating it.
Sarah Palin simply stated what we all know (but some won’t admit), and she did it without a single foul word The liberal responses I saw on Twitter to Palin’s Tweet would shame the most foul-mouthed, coarsest-speaking scumbag the world has ever known. They attacked her, her daughter, and her special needs son in ways that should not, and in a more civil time … in the America I love, would not have been expressed. If these “liberal” expressions of free speech reflect the kind of world they want to create, and the path these people have in mind for America … I reject it totally. I would fight another revolution to keep my grandchildren, great-grandchildren, and great, great grandchildren from having to live in a society such as that!
- SCOTUS – Why is the Supreme Court Calling this a TAX? (tbd-consulting.typepad.com)
- The Supreme Court, Obamacare, and the Future (nebraskaenergyobserver.wordpress.com)
- Actually, Justice Roberts Demolished Obama In His Supreme Court Ruling (businessinsider.com)
- Supreme Court Holds ObamaCare Individual Mandate Unconstitutional. (danmillerinpanama.wordpress.com)
- Supreme Court Upholds ObamaCare (newser.com)
- In a Landmark ruling SCOTUS upholds mandate in health care: ObamaCare lives! (freakoutnation.com)
- SCOTUS win-lose scenarios (politico.com)
- SCOTUS Upholds Obama Care! (americanliberaltimes.com)
- Scotus Obama Health Care Victory (oblogdeeoblogda.me)
- An angel gets its wings: SCOTUS rules against Big Labor in SEIU smackdown (twitchy.com)
- SCOTUS Upholds Obamacare, 5-4 (lawandmore.typepad.com)