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Health Care Bill Lawsuit

Lawsuit challenging Constitutionality of Health Care Bill

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When Is A Tax Not A Tax?

  • Sep 14, 2010
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+5

A confused Obama Administration appears incapable of deciding when a tax is a tax.  One year ago next week, President Obama sat down with George Stephanopoulos for an interview.  Hardly a hardball type format, Stephanopolous did ask a genuine question of the President.  Recalling the President's vow not to raise taxes on the Middle Class, Stephanopoulos inquired of the President regarding the part of the Health Care Bill that requires everyone that can afford Health Insurance to purchase it or pay a fine.

President Obama was quite clear on this point.  In fact, I would describe his response as insistent.  Taken from the ABC transcripts are the following excerpts:

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. (Emphasis added).


It sounds like Obama is pretty clear on this issue.  Requiring health insurance is ABSOLUTELY NOT a tax increase.  There are very few absolutes in life.  And in case President Obama wasn't clear enough the first time around, Stephanopoulos asked again:
 

STEPHANOPOULOS: But you reject that it's a tax increase?

OBAMA: I absolutely reject that notion.


So there you have it.  President Obama leaves nothing to doubt on this issue.  But wait...hasn't he spoken with his own Attorney General, Eric Holder, on this issue?  Apparently not.  It appears that the AG has chosen the only defensible path to arguing the Health Care Bill in federal court.  After stretching the terms of the commerce clause to the very limits of imagination (without completely ripping the Constitution in half), the Administration still cannot explain how they can mandate someone to purchase a good or service.  The Commerce Clause only allows the Government to deal with interstate commerce, meaning they have grounds to legislate health care...which has been a duty generally held by the individual States. 

Since the Commerce Clause doesn't allow an explanation for why the government can force a private citizen to purchase a good or service from a private corporation, simply for drawing breath (driving a car is a different argument...driving is a privilege, drawing breath is a God-given Natural Right).  So the argument is that the federal government has the authority to issue taxes.  What?  Isn't that the line of thinking that President Obama so vehemently opposed when pressed just one year ago by Stephanopoulos on this issue. 

The only thing you can be certain of with this Administration is that they are going to take your money and seize control of whatever they can get their hands on.  It is seriously time to start considering what will be required to repeal this horrible bill...given that the courts may kowtow to the Administration and cede their own confused point.

 

When Is A Tax Not A Tax?

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September 15, 2010
Corrupt on incompetent? What's your pleasure? Can't wait until November to sweep a lot of these socialists out of office. Too bad we have to wait two more years to do the same at the top!
September 15, 2010
My concern is that the Democrats get swept our of Congress, conservatives force the President to finally sit down at the table and compromise and then he runs for re-election as a middle-of-the-road Democrat. However, as idealistic as this President is...I find that scenario a bit far-fetched.
 
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Last Login: Feb 19, 2011 12:55 AM UTC
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