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CNN originally reported that
the Supreme Court found that the
individual mandate is not a valid exercise of the commerce clause and
that it appeared as if the Supreme Court had struck down the individual
mandate. Then CNN followed up by saying that the court actually did
uphold it under the taxing clause, with a narrow reading of the U.S.
Constitution. People are calling this a screw-up.
Both reports were correct.
Five to Four, the Supreme Court has said that although the individual
mandate (that everyone must obtain health care coverage) does not stand
via the commerce clause, in essence it stands via the provision in the
U.S. Constitution for Congress to tax the American people. This is
because people who do not obtain coverage will have a fine “taxed” onto
their yearly income taxes, via the IRS 1040 income tax form and/or
another form.Article 1, Section 8 of the U.S. Constitution states that Congress is
allowed to “lay and collect taxes, duties, imposts and excises, to pay
the debts and provide for the common defense and general welfare of the
United States; but all duties, imposts and excises shall be uniform
throughout the United States.”
The Supreme Court is not saying that the health care law in and of
itself is constitutional, as per Article 1 Section 8 of the U.S.
Constitution. But instead, it is saying that taxing people who don’t
have coverage is constitutional under this section because it is viewed
as “Providing for the general welfare of the United States.” By saying
this, they are not saying “general welfare,” as in our personal health
care welfare. it is saying that the taxation is needed for the “general
welfare,” as in the fiscal welfare of the United States (the money.)
In other words, the court is saying that if Congress feels that the
fiscal (monetary) welfare of this nation is harmed by people who do not
obtain health care coverage, that it is in the best interest of this
“general welfare” of the United States to tax such people in order to
make up some of the revenue that is lost each year by uncovered hospital
visits, doctor visits, etc. This is because otherwise, the cost largely
goes to taxpayers and people who do pay for health care coverage, which
hurts the overall economy.
What was exposed:
Basically, the Supreme Court has said Obama’s health care act’s core
reason for being is in fact to place a tax on people who already cannot
afford health care coverage.
Obama had sworn he would not put any new taxes on anyone earning
under $250,000.00 a year. Many of us were fully aware that he was lying,
as were many of us fully aware that Obama’s health care act was simply a
back door to taxing of the poor and an increase in the overall cost of
health coverage on most everyone else. This is, of course, excluding
Congress and presidents, who are all excluded from the act.
Then there is the fact that this is all just a step to the liberals
in Congress working our nation towards the single-payer system that will
eventually make the government the financial middleman in charge of all
of that money. And remember that this health care act puts the health
care of the average American citizen into the hands of the politicians
as a campaign bargaining chip for each and every election season.
What went wrong:
Where the challengers of the law messed up was in failing to
challenge the health care law in its entirety, instead of challenging
parts of it. The main reason the law is unconstitutional was totally
missed.
If someone broke into your home, would you stand there arguing with
him as to what is okay for him to take and what is not? Of course you
wouldn’t. And yet that is what has happened with the health care law.
People argued some things in the law instead of the fact that the law is
there to begin with and shouldn’t be.
There is no power given to Congress that allows them to take over the
privately-owned health insurance industry and turn it into a
government-run health care system. The health care law is basically
saying that there is no longer any such thing as health insurance.
ObamaCare is a health “care” act, not a health “insurance” act. Hence
the reason that no one can be turned down. It is not insurance.
Insurance insures us in case something happens, not after it happens. We
don’t get house insurance after our kitchen burns down, after all.
It is now health care, a government-run entity, in which everyone has
to put into the pot. It is the government’s takeover of an industry,
the dissolving of it, and the forcing of those who were in that industry
to now work for a government-run entity or to find another source of
income. It is like this: You own a clothing store. The government says
that you can no longer run it as a store; you now must run it as a place
where people can come and just get whatever it is that they need to
wear within the government’s standards; and everyone who gets their
clothing from you must pay a yearly amount to you that does not go over a
government-set amount of cost to them. You no longer own a store. You
now work for the government in a government-run clothing distribution
place. And you are no longer allowed to own and operate a true store
again. You are not allowed to make a profit above what the government
allows you to have. The government’s claim is that it has a right to
regulate what you do for the good of this country, because everyone
needs clothes.
Debra J.M. Smith 06-28-12
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