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July 21, 2012
NOT SO
FAST: OBAMACARE “TAX” IS UN-APPORTIONED
Therefore, It’s Constitutionally Prohibited
Editor’s Note:
Of all the mandates in the Constitution, there is only one that is
repeated twice: direct taxes must be apportioned. Judge Roberts has
admitted this. Writing for the majority in the Supreme Court’s decision
on Obamacare, Roberts confessed direct taxes “must be apportioned among
the states.” To avoid this constitutional restraint, Roberts falsely
declared Obamacare’s individual mandate is not a tax on the ownership of
personal property and “is thus not a direct tax that must be apportioned
among the several states.” The decision is erroneous. Most troubling is
the fact that both the majority and the dissent refused to deal honestly
with the issue of direct taxes.
On June 28, 2012,
five of the nine Justices of the Supreme Court upheld the most
controversial provision of the Patient Protection and Affordable Care
Act (“Obamacare”): Section 5000A, popularly known as the “individual
mandate.” Right-click to download the decision.
Under 5000A, those
who can afford to but do not purchase health insurance will be required
to make an additional payment to IRS for each month they go without the
insurance. The payment will be exacted from the worker’s income and will
be legally unavoidable. Justice Roberts wrote:
“Under the mandate, if an
individual does not maintain health insurance, the only consequence is
that he must make an additional payment to the IRS when he pays his
taxes. See §5000A(b).”
The Obama
administration argued in Court that what it called the “shared
responsibility payment” was authorized under the Commerce Clause.
Judge Roberts ruled
the Commerce Clause does NOT authorize this type of payment. However,
Chief Justice Roberts then held Congress had the power under the “Tax
Clause” to exact the payment.
We sharply disagree
and here challenge the logic of the Court’s decision that Congress has
the power under the Tax Clause to require the People to buy a product or
pay a tax to the Government for not purchasing the product, without
apportioning the tax among the several states.
Congress’s taxing
power is specified in three sections of Article I:
Article
I, Section 2, Clause 3:
“Representatives and direct taxes shall
be apportioned among the several states which may be included
within this Union ….”
Article I, Section 8,
Clause 1:
“The Congress shall have
power to lay and collect taxes, duties, imposts and excises… but all
duties, imposts and excises shall be uniform throughout the
United States.”
Article I, Section 9,
Clause 4:
“No capitation, or other
direct, tax shall be laid, unless in proportion to the census or
enumeration herein before directed to be taken.”
Of all the
mandates in the Constitution, there is only one that is repeated twice: direct taxes must be apportioned. It means exactly what it says.
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1 Comments in Response to OBAMACARE “TAX” IS UN-APPORTIONED,UNCONSTITUTIONAL
Bob Schulz and his people may be missing the point entirely. Here's why. We have the right to freely contract with Government.
I don't like the idea of Obamacare any more than Bob Schulz. But what if I did? What if I wanted Obamacare to be applied to myself? What would I need to do to get it? Would I have to sign some kind of paperwork with Government to be eligible to pay into the Obamacare plan in the Obamacare way?
The only way Obamacare will be applied to anyone, is if they have a Social Security number. And the only way that they can maintain a SSN as an active SSN, is to use it. A social Security account is not required, legally, for anyone. Nobody is required to get a SSN.
If you get or use a SSN, you do it voluntarily, by placing your signature on a form. The form might be an application of some sort. It might be a simple agreement. It might be a contract. But whatever it is, when the signature is added to a form that has the SSN on it, the whlole Social Security Law is made to apply... by agreement. Your signature on the form, and Government's acceptance of the form, make it so.
Nobody forces you to get a SSN, or to use it after you have it. You do it voluntarily. In some cases, living might be difficult if you try to live without the SSN, but it can be done. So it is your free choice when you make the whole SS Law applicable to yourself.
When you signed the paperwork using the SSN, you thought you knew what you were signing into. Now, you are finding out that you didn't know. And Government didn't tell you all the details of what you were doing when you signed. So it was virtually fraud on the part of Government when you applied for and used the SSN.
This is your way out. Fraud nullifies all contracts and agreements. But are you going to use your way out? Are you going to get rid of your SSN because of Government fraud? If you are not going to walk away from your Social Security Account voluntarily, then you are agreeing to it voluntarily... and everything it includes... including Obamacare, which will attach to your SSN.
You can't have it both ways. Either you agree to Social Security and Obamacare, or you don't. Your only other two options are to force Government to back down on Obamacare like Bob Schulz is attempting to do, or you can find the law that restricts Government from attaching Obamacare to your SS Account.