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ACA (obamacare) and Social Security were found to be constitutional based on the same reason. The power to tax for the general welfare. Social Security had the same obstacles to overcome as ACA and it was only by pressure from FDR that Social Security was found to be Constitutional.
ACA barely passed by a 5-4 vote. There are two justices that will likely retire if not die within the next four years...Ginsburg and Breyer, both of whom voted in favor of ACA.
If Romney is elected and appoints a judge like scalia, alito and thomas, which he said that he would do, they will likely strike down ACA as well as Social Security as they are based on the same power of congress. Justice Roberts is brilliant and realized that to find ACA unconstitutional you opened the door to find Social Security unconstitutional, which would undermine the viability of the Supreme Court.
If Romney wins, expect Social Security to be found unconstitutional. I can't imagine any other result if it is found to be unconstitutional other than the checks would have to stop going out and the tax would be found unconstitutional and stopped as well.
ACA (obamacare) and Social Security were found to be constitutional based on the same reason. The power to tax for the general welfare. Social Security had the same obstacles to overcome as ACA and it was only by pressure from FDR that Social Security was found to be Constitutional.
ACA barely passed by a 5-4 vote. There are two justices that will likely retire if not die within the next four years...Ginsburg and Breyer, both of whom voted in favor of ACA.
If Romney is elected and appoints a judge like scalia, alito and thomas, which he said that he would do, they will likely strike down ACA as well as Social Security as they are based on the same power of congress. Justice Roberts is brilliant and realized that to find ACA unconstitutional you opened the door to find Social Security unconstitutional, which would undermine the viability of the Supreme Court.
If Romney wins, expect Social Security to be found unconstitutional. I can't imagine any other result if it is found to be unconstitutional other than the checks would have to stop going out and the tax would be found unconstitutional and stopped as well.
1. Obama care was ruled NOT A TAX, but a penalty. Had it been a tax, it would have been unconstitutional.
2. The rest of your post is also ridiculous. What's passed is passed.
1. Obama care was ruled NOT A TAX, but a penalty. Had it been a tax, it would have been unconstitutional.
2. The rest of your post is also ridiculous. What's passed is passed.
You don't know what you are talking about.
Here is what Chief Justice Roberts said in the decision. You can read the whole decision on line if you like. It is not hard to find.
The Federal Government does have the power to impose a tax on those without health insurance. Section 5000A is therefore constitutional,because it can reasonably be read as a tax. -- Chief Justice John Roberts
The Framers created a Federal Government of limited powers, and assigned to this Court the duty of enforcing those limits. The Court does so today. But the Court does not express an opinion on the wisdom of the Affordable Care Act. Under the Constitution, that judgment is reserved to the people. -- Chief Justice John Roberts
Upholding the individual mandate under the Taxing Clause does not recognize any new federal power. It determines that Congress has used an existing one.-- Chief Justice John Roberts
You are also incorrect about what is passed is passed. The Supreme Court can overturn any prior rulings made by the Supreme Court.
Social security is not unconstitutional. It is technically a voluntary, well let's call it a club, you can join, or opt not to join. It's that part about not joining that has been quietly swept under the rug. I joined at the age of 13, before I had reached the age of majority, and certainly nobody had taken the time to explain to me what rights under the constitution I was giving up.
Wonder if I can opt out because the "contract" was made with one of the principals being a "minor"?
Today newborns come out of the womb...... they are immediatly fingerprinted and a number that the club can track them thru their lives with, and their "contributions" to the greater welfare of the club, is assigned to them. That is the unconstitutional part of social security as I see it. Of course that's just my opinion. I'm sure the powers that be see it quite differently.......
Social security is not unconstitutional. It is technically a voluntary, well let's call it a club, you can join, or opt not to join. It's that part about not joining that has been quietly swept under the rug. I joined at the age of 13, before I had reached the age of majority, and certainly nobody had taken the time to explain to me what rights under the constitution I was giving up.
Wonder if I can opt out because the "contract" was made with one of the principals being a "minor"?
Today newborns come out of the womb...... they are immediatly fingerprinted and a number that the club can track them thru their lives with, and their "contributions" to the greater welfare of the club, is assigned to them. That is the unconstitutional part of social security as I see it. Of course that's just my opinion. I'm sure the powers that be see it quite differently.......
YC.......
No, technically social security is not voluntary. You may choose not to receive benefits, but you cannot choose not to pay. Please cite me something on your proposition. There are some instances where an employee does not have to pay, but it is not because they opted out. Where do you guys come up with this stuff.
maybe you should read the opinion a little closer. while Roberts might have said that no other justices joined him in that reasoning.
Quote:
Originally Posted by hotair2
You don't know what you are talking about.
Here is what Chief Justice Roberts said in the decision. You can read the whole decision on line if you like. It is not hard to find.
The Federal Government does have the power to impose a tax on those without health insurance. Section 5000A is therefore constitutional,because it can reasonably be read as a tax. -- Chief Justice John Roberts
The Framers created a Federal Government of limited powers, and assigned to this Court the duty of enforcing those limits. The Court does so today. But the Court does not express an opinion on the wisdom of the Affordable Care Act. Under the Constitution, that judgment is reserved to the people. -- Chief Justice John Roberts
Upholding the individual mandate under the Taxing Clause does not recognize any new federal power. It determines that Congress has used an existing one.-- Chief Justice John Roberts
You are also incorrect about what is passed is passed. The Supreme Court can overturn any prior rulings made by the Supreme Court.
another miss on your part, the Amish opt out. Many government workers opt out. Ever hear of PERS?
Quote:
Originally Posted by hotair2
No, technically social security is not voluntary. You may choose not to receive benefits, but you cannot choose not to pay. Please cite me something on your proposition. There are some instances where an employee does not have to pay, but it is not because they opted out. Where do you guys come up with this stuff.
Social Security was declared constitutional by the Supreme Court years ago.
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