Courting Taxation

Good ol' Ben Franklin helped give us a democratic republic, but it's up to us to keep it.

In Maybury vs. Madison, the 1801 case that arguably codified as law the role of the Supreme Court as a co-equal branch of government, Chief Justice John Marshall for all intents and purpose said the Constitution is what we say it is. In the recent ruling on ObamaCare, Chief Justice John Roberts, an "originalist," raised the bar by stating that a tax is what we say it is. It is important to remember that, through the entire process, we were told from President Obama on down that the individual mandate was a penalty, not a tax.

I remember listening to the radio on the first day of oral arguments, March 26. The justices dealt with this issue: Was the penalty imposed by the individual mandate in ObamaCare a tax? If it was, the case would run afoul of the Anti-Injunction Act, which ruled a tax cannot be challenged in court until someone has actually been forced to pay it.

The ObamaCare taxes don't take effect until 2014 and the court would have to throw out any court case challenging it because nobody has paid the tax yet. So the justices asked the government's lawyer, Solicitor General Donald Verrilli, if this is a tax. The government's lawyer replied in the negative.

[Read more by clicking here]

This post is contributed by a community member. The views expressed in this blog are those of the author and do not necessarily reflect those of Patch Media Corporation. Everyone is welcome to submit a post to Patch. If you'd like to post a blog, go here to get started.

Bruce Apar July 17, 2012 at 03:57 PM
Don't know about Fox News, but there's evidence in his post that Watchdog bears something in common with MSNBC: revisionist spelling. Few days ago, that cable news channel displayed a graphic that told us the Romney campaign was trying to "diffuse" the Bain controversy, when it meant "defuse." (Last night, MSNBC mis-spelled "judgment" as "judgement" in a piece on Rush.) Watchdog goes MSNBC one better by inventing a word: "dillusion." Not a big deal; just chalk it up to grammatical delusion.
Chris McHugh July 17, 2012 at 07:53 PM
Cable television networks use either ENPS or iNews to interface with their character generators to produce lower-third graphics on your screen. Spellcheck is unfortunately not available when connecting these two systems. This means that it is easier to make mistakes, especially when you're typing dozens of lower-thirds seconds before they hit air.
Francis T McVetty July 18, 2012 at 05:58 PM
Jeff, [Health care should be a guaranteed right for all residents in the USA] show me that in the constitution!!! It is NOT a guaranteed right.
Francis T McVetty July 18, 2012 at 06:01 PM
It already happened to my wife at the Westchester Medical Center, We waited till they ran through those who didn't have insurance. She waited 2 1/2 hrs. That happened over 3 years ago. It was a sign of things to come.
Francis T McVetty July 18, 2012 at 06:17 PM
To Christopher Michael McHugh, that is BS and you know it. The people that are being hired that input the information, have been educated in our wonderful, education system. Please DON'T blame the equipment, blame the operator! reading and writing don't seem to be a requirement these days, especially in the media.


More »
Got a question? Something on your mind? Talk to your community, directly.
Note Article
Just a short thought to get the word out quickly about anything in your neighborhood.
Share something with your neighbors.What's on your mind?What's on your mind?Make an announcement, speak your mind, or sell somethingPost something
See more »