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Mandate is Constitutional

 

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morey000

Jun 28, 12 7:12

Post #1 of 88 (1587 views)
Mandate is Constitutional Quote | Reply

still reading, but it appears that the SCOTUS upheld the mandate. Roberts went left.

since I know many of you get your news here first. ;)


big kahuna

Jun 28, 12 7:25

Post #2 of 88 (1552 views)
Re: Mandate is Constitutional [morey000] [In reply to] Quote | Reply

morey000 wrote:
still reading, but it appears that the SCOTUS upheld the mandate. Roberts went left.

since I know many of you get your news here first. ;)

Mandate was unconstitutional under Commerce and Necessary and Proper, which was the main thrust of the argument both for and against. The court itself found a way to tie it into the taxing power -- an argument that had been pretty much disregarded by all sides in the debate. So to say it's "constitutional" forgets that it's also "unconstitutional" under the grounds on which is was mainly argued by all sides. All the court did was punt the football, basically.


JSA

Jun 28, 12 7:29

Post #3 of 88 (1529 views)
Re: Mandate is Constitutional [morey000] [In reply to] Quote | Reply

Like BK said, Roberts specifically stated that the mandate is unconstitutional under the commerce clause. The Court ruled it could be Constitutional as a tax. This is interesting b/c the Obama Administration has vehemently argued it is not a tax. Well, it is a tax. So, it becomes a huge political bullet for Romney during the campaign.
_______________________________________________

“If there are no dogs in Heaven, then when I die I want to go where they went.” - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR


spot

Jun 28, 12 7:32

Post #4 of 88 (1510 views)
Re: Mandate is Constitutional [JSA] [In reply to] Quote | Reply

What does this mean, exactly? Does the law have to be repassed in order to allow the IRS to tax people for not having health care? How does the funding work if it is now a tax and not a "penalty"? And, are there any real limits to government power now to coerce people to do things under the guise of the "greater good"?

Spot
_______________________________________________
Taco cat spelled backward is....taco cat.


JSA

Jun 28, 12 7:34

Post #5 of 88 (1496 views)
Re: Mandate is Constitutional [spot] [In reply to] Quote | Reply

Those are great questions. I would think so, but am not sure. If you are going to treat it as a tax, I would think the IRS code would need to be revised. But, I have not seen the actual decision yet and how they worded it.
_______________________________________________

“If there are no dogs in Heaven, then when I die I want to go where they went.” - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR


Quel

Jun 28, 12 7:36

Post #6 of 88 (1486 views)
Re: Mandate is Constitutional [spot] [In reply to] Quote | Reply

spot wrote:
What does this mean, exactly? Does the law have to be repassed in order to allow the IRS to tax people for not having health care? How does the funding work if it is now a tax and not a "penalty"? And, are there any real limits to government power now to coerce people to do things under the guise of the "greater good"?

Spot

Isn't that basically the definition of anything tax-related? This doesn't seem to change too much in that regard.


ScottyBoy

Jun 28, 12 7:36

Post #7 of 88 (1486 views)
Re: Mandate is Constitutional [big kahuna] [In reply to] Quote | Reply

big kahuna wrote:
All the court did was punt the football, basically.

Absolutely agree. Both sides are going to call this a "win" - thus further flaming the partisanship split in this country right now.


getcereal

Jun 28, 12 7:36

Post #8 of 88 (1479 views)
Re: Mandate is Constitutional [morey000] [In reply to] Quote | Reply

Our stupid local news lady threw out this quip "Our President was a constitutional scholar, so yeah of course it passed."
Welcome to post constitutional America.


Old Hickory

Jun 28, 12 7:40

Post #9 of 88 (1461 views)
Re: Mandate is Constitutional [getcereal] [In reply to] Quote | Reply

getcereal wrote:
Our stupid local news lady threw out this quip "Our President was a constitutional scholar, so yeah of course it passed."
Welcome to post constitutional America.

MSNBC is doing the same... what a bunch of idiots. Matthews is spitting all over the camera.


klehner

Jun 28, 12 7:42

Post #10 of 88 (1454 views)
Re: Mandate is Constitutional [JSA] [In reply to] Quote | Reply

JSA wrote:
Those are great questions. I would think so, but am not sure. If you are going to treat it as a tax, I would think the IRS code would need to be revised. But, I have not seen the actual decision yet and how they worded it.

Wasn't the "fee" as proposed going to be administered through the IRS?

If it weren't for the polluted political environment we have, where the mere mention of a tax is fodder for the opposition, this whole thing might have been avoided.
----------------------------------
Of course, with your ears stuffed with outrage cotton balls, all you heard was, rahrahra, govt comes to get your guns, rhahrahrah, stamp out your FREEEEEDOM! - slowguy


bluemonkeytri

Jun 28, 12 7:56

Post #11 of 88 (1411 views)
Re: Mandate is Constitutional [klehner] [In reply to] Quote | Reply

Yes, I think the "fee" was to be reported on your tax return and collected with payment of your other income taxes. It is assessed and collected just like any other tax penalty.


klehner

Jun 28, 12 7:59

Post #12 of 88 (1395 views)
Re: Mandate is Constitutional [bluemonkeytri] [In reply to] Quote | Reply

bluemonkeytri wrote:
Yes, I think the "fee" was to be reported on your tax return and collected with payment of your other income taxes. It is assessed and collected just like any other tax penalty.

So it's been a tax all along, and the SC appeared to see past the political rhetoric and acknowledge that? "It's not a tax" never seemed to be much of a legal argument.
----------------------------------
Of course, with your ears stuffed with outrage cotton balls, all you heard was, rahrahra, govt comes to get your guns, rhahrahrah, stamp out your FREEEEEDOM! - slowguy


big kahuna

Jun 28, 12 8:00

Post #13 of 88 (1386 views)
Re: Mandate is Constitutional [bluemonkeytri] [In reply to] Quote | Reply

bluemonkeytri wrote:
Yes, I think the "fee" was to be reported on your tax return and collected with payment of your other income taxes. It is assessed and collected just like any other tax penalty.

This, from "getcereal":

Obama lies again!
Obama explaining to Stephanopoulos that the Obamacare mandate is not a tax.
http://abcnews.go.com/...andate-is-not-a-tax/

STEPHANOPOULOS: That may be, but it's still a tax increase.

OBAMA: No. That's not true, George. The — for us to say that you've got to take a responsibility to get health insurance is absolutely not a tax increase. What it's saying is, is that we're not going to have other people carrying your burdens for you anymore than the fact that right now everybody in America, just about, has to get auto insurance. Nobody considers that a tax increase. People say to themselves, that is a fair way to make sure that if you hit my car, that I'm not covering all the costs.

STEPHANOPOULOS: But it may be fair, it may be good public policy…

OBAMA: No, but — but, George, you — you can't just make up that language and decide that that's called a tax increase. Any…



big kahuna

Jun 28, 12 8:02

Post #14 of 88 (1378 views)
Re: Mandate is Constitutional [klehner] [In reply to] Quote | Reply

klehner wrote:
bluemonkeytri wrote:
Yes, I think the "fee" was to be reported on your tax return and collected with payment of your other income taxes. It is assessed and collected just like any other tax penalty.


So it's been a tax all along, and the SC appeared to see past the political rhetoric and acknowledge that? "It's not a tax" never seemed to be much of a legal argument.

"It's a tax" also didn't seem to be much of a legal, or political -- which is where the lifespan of the law will ultimately be determined, and it seems Roberts understood this -- argument. At least, not much of an argument that was put forth by the pro-Obamacare side in some of the court cases heard, including at the SCOTUS level. The court successfully punted the football back into the political realm, is all.


trail

Jun 28, 12 8:07

Post #15 of 88 (1353 views)
Re: Mandate is Constitutional [big kahuna] [In reply to] Quote | Reply

 >The court successfully punted the football back into the political realm, is all.

Back into the political realm? It's going to be firmly in the political realm forever, and there's nothing the courts can do about that except alter political strategy.

I told you I had grudging respect for Roberts. :) (I'm not for the law, but since you assumed I was earlier, I'll go ahead and gloat).


big kahuna

Jun 28, 12 8:13

Post #16 of 88 (1344 views)
Re: Mandate is Constitutional [trail] [In reply to] Quote | Reply

trail wrote:
>The court successfully punted the football back into the political realm, is all.

Back into the political realm? It's going to be firmly in the political realm forever, and there's nothing the courts can do about that except alter political strategy.

I told you I had grudging respect for Roberts. :) (I'm not for the law, but since you assumed I was earlier, I'll go ahead and gloat).

Gloat all you want. It doesn't bother me. :-) I told you folks earlier; I man up all the time and accept the results of battle, as you probably remember I did in November, 2008. The analysis of the decision, though, will probably bear me out: It was a punt and a way of splitting the baby in allowing conservatives to say "the mandate was unconstitutional under Commerce" and so forth, and for folks like Mr. YaHey to say "Obama won!"

That's fine, and as I've already said; politics will ultimately decide the fate of the law anyway. Either it goes into full force and effect in 2014 or it doesn't. Either way, I'm old enough where I won't have to be around to go through the worst of the effects that I believe will occur. As Dan Henninger said in today's WSJ; "Obamacare is a rotary dial phone in a cellular phone era" or words to that effect. It's too old skool to be kool and it won't last. It can't last, simply because we can't pay for it and all the other things we also believe we're entitled to.


bluemonkeytri

Jun 28, 12 8:26

Post #17 of 88 (1319 views)
Re: Mandate is Constitutional [klehner] [In reply to] Quote | Reply

klehner wrote:
bluemonkeytri wrote:
Yes, I think the "fee" was to be reported on your tax return and collected with payment of your other income taxes. It is assessed and collected just like any other tax penalty.


So it's been a tax all along, and the SC appeared to see past the political rhetoric and acknowledge that? "It's not a tax" never seemed to be much of a legal argument.


Well, they call it a penalty, and Robert's opinion likens it to, for example, the failure to file penalty. But the "penalty" will be 2.5% of a person's household income, with a floor of $695 and a ceiling of the average of the premiums for minimum coverage. And it is reported and paid with your taxes. So, is it a tax? The administration took great pains to say no, but it seems to walk like a duck and quack like a duck to me.

EDIT: Roberts likens it to the "penalty for claiming too large a tax refund", which is odd. I think he means failure to pay.


(This post was edited by bluemonkeytri on Jun 28, 12 8:29)


JSA

Jun 28, 12 8:38

Post #18 of 88 (1296 views)
Re: Mandate is Constitutional [klehner] [In reply to] Quote | Reply

In large part, I think you are correct.
_______________________________________________

“If there are no dogs in Heaven, then when I die I want to go where they went.” - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR


spot

Jun 28, 12 9:54

Post #19 of 88 (1265 views)
Re: Mandate is Constitutional [Quel] [In reply to] Quote | Reply

Well, not really, since as others have pointed out, this is a penalty for an individual for not entering into a private transaction with a third-party.

However, having gotten to thinking about this, the gov't already makes everybody pay into Medicare....this probably isn't all that different if you look at as a tax. But that also makes me wonder why they didn't just expand the Medicare program and make everyone pay a bit more into it, instead of this monstrosity of a law?

Spot
_______________________________________________
Taco cat spelled backward is....taco cat.


morey000

Jun 28, 12 10:01

Post #20 of 88 (1253 views)
Re: Mandate is Constitutional [spot] [In reply to] Quote | Reply

spot wrote:
...makes me wonder why they didn't just expand the Medicare program and make everyone pay a bit more into it, instead of this monstrosity of a law?

that's easy. because the GOP leadership said that they wouldn't vote for that kinda' plan, but WOULD vote for it with a mandate... that supported the insurance companies, a free market, and personal responsibility of buying coverage for something that everyone is going ot use. The 'mandate' IS the GOP solution and was through 2009. they just went hard against it when Obama said 'ok'. Anything not to put a feather in his cap. Nobody ever talked about it's constitutionality until Obama has his name on it.

the list of GOP endorsements, quotes and bills proposed for a mandate based health care plan spans decades. the negativity towards it is solely for political purposes. It's really a prime example of how messed up and divisive our political system is. When your opponent moves to your side and agrees with your proposal, you have to take two steps further away.


big kahuna

Jun 28, 12 10:03

Post #21 of 88 (1249 views)
Re: Mandate is Constitutional [spot] [In reply to] Quote | Reply

spot wrote:
Well, not really, since as others have pointed out, this is a penalty for an individual for not entering into a private transaction with a third-party.

However, having gotten to thinking about this, the gov't already makes everybody pay into Medicare....this probably isn't all that different if you look at as a tax. But that also makes me wonder why they didn't just expand the Medicare program and make everyone pay a bit more into it, instead of this monstrosity of a law?

Spot

Why? Because this is a step toward the Holy Grail for leftists; single payer. They knew they didn't have the juice to make that jump so they went with this and may have made it so Rube Goldberg-ish that it will collapse under its own weight thereby, they hope, convincing folks that we might as well just try for some sort of national health scheme.


morey000

Jun 28, 12 11:09

Post #22 of 88 (1208 views)
Re: Mandate is Constitutional [big kahuna] [In reply to] Quote | Reply

big kahuna wrote:

...They knew they didn't have the juice to make that jump so they went with this and may have made it so Rube Goldberg-ish that it will collapse under its own weight thereby, they hope, convincing folks that we might as well just try for some sort of national health scheme.

It's always nice that you let us see a little bit into your world. So, in your world, the conspiracy theory is that the Dems intentionally passed a GOP plan which was so horrible, that it will eventually make a single payer plan look good?

you're funny sometimes.

The GOP is the only major political party in the industrialized world that doesn't support a nationalized healthcare system. Yeah, the whole world is wrong but them.


spot

Jun 28, 12 11:14

Post #23 of 88 (1199 views)
Re: Mandate is Constitutional [morey000] [In reply to] Quote | Reply

morey000 wrote:
big kahuna wrote:


...They knew they didn't have the juice to make that jump so they went with this and may have made it so Rube Goldberg-ish that it will collapse under its own weight thereby, they hope, convincing folks that we might as well just try for some sort of national health scheme.


It's always nice that you let us see a little bit into your world. So, in your world, the conspiracy theory is that the Dems intentionally passed a GOP plan which was so horrible, that it will eventually make a single payer plan look good?

you're funny sometimes.

The GOP is the only major political party in the industrialized world that doesn't support a nationalized healthcare system. Yeah, the whole world is wrong but them.

You could say the same thing about the majority of Americans who are against a single-payer, nationalized system, as I believe every poll taken on the issue has shown.

Spot
_______________________________________________
Taco cat spelled backward is....taco cat.


JSA

Jun 28, 12 11:29

Post #24 of 88 (1166 views)
Re: Mandate is Constitutional [morey000] [In reply to] Quote | Reply

morey000 wrote:
big kahuna wrote:


...They knew they didn't have the juice to make that jump so they went with this and may have made it so Rube Goldberg-ish that it will collapse under its own weight thereby, they hope, convincing folks that we might as well just try for some sort of national health scheme.


It's always nice that you let us see a little bit into your world. So, in your world, the conspiracy theory is that the Dems intentionally passed a GOP plan which was so horrible, that it will eventually make a single payer plan look good?

you're funny sometimes.

The GOP is the only major political party in the industrialized world that doesn't support a nationalized healthcare system. Yeah, the whole world is wrong but them.


Oh boy. I just got back from court on a motion to dismiss hearing. Our hearing lasted 22 minutes. We then spent nearly 1 1/2 hours talking to the Judge about the SCOTUS decision. So, with that and the 20 client emails I have answered, I am a bit burned out of the topic, but, will throw in one last comment (for now) based on our discussion. It was interesting b/c opposing counsel is a screaming lefty plaintiff's attorney and the judge is a moderate conservative. Nevertheless, the three of us were in perfect consensus on the topic, which was quite interesting.

Mind you, none of us had read the opinion at that time (I am about 1/2 through it now). However, the major points of the decision were known. There are a few things you need to understand.

1. The mandate was ruled unconstitutional. Right call.
2. The Court magically converted the mandate into a tax, even though the law was specifically passed as a mandate and not a tax.
3. The dissent (which I have read) reads exactly like a majority opinion. Exactly. This suggests that it WAS the majority opinion and Roberts, for some reason, switched sides at the last minute and decided to play political footsie with the Dems.
4. There is no question the goal of the administration has been, at all times, a single-payer system. None.
5. If you read and understand ObamaCare, it sure looks like a step to move towards a single-payer system.
6. Any number of legal experts have been saying this is a move towards single-payer for some time.

Finally, and I find this interesting as well. My uber-lefty opposing counsel agreed with me that this ruling would likely energize the Right (much like what just happened in WI with the recalls) and would be a huge rally point for Romney. His comment was something to the effect: "Cannot wait to see how Obama tries to continue to spin this as anything other than a tax on the middle class and young people."
_______________________________________________

“If there are no dogs in Heaven, then when I die I want to go where they went.” - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR

(This post was edited by JSA on Jun 28, 12 11:31)


Rodred

Jun 28, 12 11:33

Post #25 of 88 (1157 views)
Re: Mandate is Constitutional [JSA] [In reply to] Quote | Reply

http://m.youtube.com/...pAyan1fXCE&gl=US

~
“The instinct to survive is human nature itself, and every aspect of our personalities derives from it. Anything that conflicts with the survival instinct acts sooner or later to eliminate the individual and thereby fails to show up in future generations.

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