When Supreme Court Justice Stevens dissented against his previously written opinion on Obama care and approved it as a form of “tax” people had no idea what the secret agenda was. The truth is Obamacare is a fundamental revolution in the taxation policy of the United States and it is a widespread horror that will decimate the lives of all Americans, not just a simple tax.
The first objections came due to the Origination requirement in the constitution that all taxes are to be created by the congress not the senate. When in December of 2009 the Senate modified a bill giving benefits to members of the military who were first-time home buyers, removed all the text, changed the title, and wrote in the entire contents of the affordable care act, that act in itself should have been illegal. The Senate can amend House-passed revenue bills, but only if the amendment is “germane” to that bill’s subject matter. It cannot author one all by itself.
Arguing before the U.S. Court of Appeals for the D.C. Circuit l Pacific Legal Foundation attorney Tim Sandefur in Sissel v. Department of Health & Human Services. This lawsuit was brought by an Iowa artist and small-business owner who neither has nor wants health insurance, preferring to invest his limited resources in his business.
The lower courts replied:
that the Origination Clause challenge failed, as the bill enacting the individual mandate was not a bill for raising revenue, and (3) that even if the bill enacting the individual mandate were a bill for raising revenue, the Origination Clause challenge failed because the bill was an amendment to a bill that had originated in the House of Representatives. On July 29, 2014, that decision was affirmed by the United States Court of Appeals for the District of Columbia Circuit. However, the Court of Appeals concluded that section 5000A of the Internal Revenue Code (sometimes called the “individual mandate”) was not a “Bill for raising Revenue”, and thus was not subject to the restriction in the Origination Clause of the Constitution. – from Wikipedia
We are still waiting to see if this holds in a supreme court challenge.
All of this is missing the forest for the trees. Until the passing of ACA and the Stevens decision, all income taxes were only imposed on non-citizens and non-resident aliens inside the United States, and citizens outside the United States. No US citizen working inside the US as a simple wage earner, who is outside the special industries and situation listed (such as gaming machines, tobacco, etc) is required to file a tax return. But now with the ACA, all citizens MUST file a tax return to prove they are compliant with the ACA.
What’s the problem with that? You must swear an oath when you file your tax return, and that is a violation of the fifth amendment rights against self incrimination.
None of this is to say that the US government has not utterly shredded the constitution. And where has it left us? At the footsteps of a tyrannical oligarchical plutocracy. Recently the Supreme court also issued the terrifying decision that police can violate the fourth amendment. the U.S. Supreme Court ruled 8-1 in Heien v. State of North Carolina that police officers are permitted to violate American citizens’ Fourth Amendment rights if the violation results from a “reasonable” mistake about the law on the part of police.
In a twist, Justice Sonia Sotomayor, the Court’s lone dissenter, warned that the court’s ruling “means further eroding the Fourth Amendment’s protection of civil liberties in a context where that protection has already been worn down.” One wonders if this was based on her wish for illegal alien invaders not to be stopped and harassed by police. But regardless of motive, the decision is the right one and kudos to Sotomayor for this shocking dissent. Were any of the others patriots and not criminals they too would have voted with Sotomayor. Ignorance of the law is never an excuse for regular citizens, it should not be for police, yet now it is.
At this point, the supreme court decision that ACA is a “tax” is a fiat accompli decision for the first time forcing all regular working Americans into the tax code. This is the true secret horror of the Affordable Care Act and one wonders if it is not their secret goal all along. This transformation is so radical and against everything that one believes as a citizen and what the founding fathers set out, that we must now conclude – America exists only in our imaginations now. The nation that Washington and Jefferson founded lives on only in our dreams. May some new country take the torch of liberty and alight it anew in new lands.