July 21, 2012
FAST: OBAMACARE “TAX” IS UN-APPORTIONED
Therefore, It’s Constitutionally Prohibited
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).”
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.
power is specified in three sections of Article I:
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,
“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
Article I, Section 9,
“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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