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Old 07-02-2012, 10:33 AM
 
41,813 posts, read 51,023,289 times
Reputation: 17864

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Quote:
Originally Posted by EinsteinsGhost View Post
1- Let me see the exact quotes, not your version of it.
That's not my version, that's what NY Times published. You're suggesting the NY Times a liberal bastion has published lies about the Obama administration?


Quote:
2- How does the premise on which SC made its decision depend on arguments made by Obama administration or being made by GOP today?
That's what they argued before the court, you can't have it both ways. They opened this can of worms and now they have to eat it.
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Old 07-02-2012, 10:34 AM
 
20,457 posts, read 12,373,731 times
Reputation: 10250
On the subject of Auto Insurance. In the first place, according to Roberts in this opinion, There is no issue of the constitutionality of States requiring Auto insurance.:


"The same does not apply to the States, because the Con­stitution is not the source of their power. The Consti­tution may restrict state governments—as it does, for example, by forbidding them to deny any person the equal protection of the laws. But where such prohibitions do not apply, state governments do not need constitutional au­thorization to act. "

Secondly Even if one were to falsely attempt to use the commerce clause, Auto insurance is required to DRIVE. if you do not own a car that is used on public roads, you are not forced to engage in commerce.

As for the cigarette tax argument, again the same two realities apply. Cig tax is not federally mandated therefore the constitution is not the source of the acting authorities power. Secondly there is no requirement that anyone actually purchase the nasty little cancer sticks.
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Old 07-02-2012, 10:36 AM
 
Location: Great State of Texas
86,052 posts, read 84,442,711 times
Reputation: 27720
Geeze people..now it's "if he didn't exactly say it then it didn't happen" ? Is that how desperate you're getting in order to defend the promise of "no taxes" ?

You people are pathetic. It's a damn tax. The IRS is collecting it either by payment or taking it from your refunds.
Get over it already. It's not like this is the FIRST promise Obama broke in 3.5 years.
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Old 07-02-2012, 10:36 AM
 
Location: Dallas, TX
31,767 posts, read 28,806,382 times
Reputation: 12341
Quote:
Originally Posted by thecoalman View Post
That's not my version, that's what NY Times published. You're suggesting the NY Times a liberal bastion has published lies about the Obama administration?
I didn't know you were such a big believer in NY Times, that you would rather present its version than that of the Supreme Court.

Quote:
That's what they argued before the court, you can't have it both ways. They opened this can of worms and now they have to eat it.
They also presented an argument based on commerce clause. Did the SC agree with it? It is idiotic to assume that argument presented = SC decision.
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Old 07-02-2012, 10:36 AM
 
20,457 posts, read 12,373,731 times
Reputation: 10250
Quote:
Originally Posted by thecoalman View Post
That's not my version, that's what NY Times published. You're suggesting the NY Times a liberal bastion has published lies about the Obama administration?




That's what they argued before the court, you can't have it both ways. They opened this can of worms and now they have to eat it.
For the record, I provided the actual transcript of the goverments argument that this is in fact a tax. For those interested, you can look back thru the pages and find the link.

For those really interested, go to the SCOTUS site and look for oral arguments and look for transcripts.
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Old 07-02-2012, 10:37 AM
 
Location: Southcentral Kansas
44,882 posts, read 33,253,825 times
Reputation: 4269
Quote:
Originally Posted by MTAtech View Post
No,no, no, no MTA. I asked for opinions by the other four justices and you provided all that from earlier cases in lower courts. It is the opinion of Kagan or one of the other girls I want to see. Old hat is what you came up with.
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Old 07-02-2012, 10:39 AM
 
20,457 posts, read 12,373,731 times
Reputation: 10250
Once more with feeling:

http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf


Paragraph 4 section (b):

(b) Such an analysis suggests that the shared responsibilitypayment may for constitutional purposes be considered a tax.
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Old 07-02-2012, 10:40 AM
 
Location: San Antonio Texas
11,431 posts, read 18,993,162 times
Reputation: 5224
Quote:
Originally Posted by pollyrobin View Post
I'm shocked you really want to go there.....

It - the mandate was/is unconstitutional under regulations of the commerce clause.
It - the mandate - now called a tax because it is a tax via IRS is the only way the mandate is
constitutional.

If it had been put in as a tax while Congress was deciding the Act, it would never
had flown by the constituents (tax payers) under an "Affordable Health Care Act"

I'm hoping the Repubs rescind/repeal it.

I'm for a non profit single payer health care insurance system. But, let's do it the right way.
No one on the left is doing anyone any favors, by trying to ignore that it - the mandate - is only constitutional
because it is a TAX.

You want "real" universal health care with a non profit single payer and a Medicare for ALL tax, call
it exactly what it should be. It can stand on it's own merit.

What the left is doing now, is just making themselves look like liars, just like insurance companies
have been since the 1970's e.g. HMO's.

You want change - at least be truthful
It will set you free

The Obama Admin wanted the public option, but it was a non-starter with AHIP ( the insurance companies' lobbyist). AHIP threatened the Administration so that it would include the individual mandate.
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Old 07-02-2012, 10:40 AM
 
20,457 posts, read 12,373,731 times
Reputation: 10250
Quote:
Originally Posted by roysoldboy View Post
No,no, no, no MTA. I asked for opinions by the other four justices and you provided all that from earlier cases in lower courts. It is the opinion of Kagan or one of the other girls I want to see. Old hat is what you came up with.
Roy, you need to read the entire Opinion linked. Those other arguments are in there.
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Old 07-02-2012, 10:40 AM
 
Location: Dallas, TX
31,767 posts, read 28,806,382 times
Reputation: 12341
Quote:
Originally Posted by Ferd View Post
On the subject of Auto Insurance. In the first place, according to Roberts in this opinion, There is no issue of the constitutionality of States requiring Auto insurance.:

THAT IS NOT THE POINT. The point:
If mandate = tax, is auto insurance = state tax?

Quote:
Secondly Even if one were to falsely attempt to use the commerce clause, Auto insurance is required to DRIVE. if you do not own a car that is used on public roads, you are not forced to engage in commerce.

1- Who, but you, is applying commerce clause here?
2- Government mandates tobacco tax. Is it a tax on non-smokers? According to you, it is.

Quote:
As for the cigarette tax argument, again the same two realities apply. Cig tax is not federally mandated therefore the constitution is not the source of the acting authorities power. Secondly there is no requirement that anyone actually purchase the nasty little cancer sticks.
Tobacco tax exists at federal and state level. But, more importantly considering the point being made, it ain't about federal versus state but whether a tobacco tax is a tax on non-smokers. Is it?
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