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John Roberts, Constitutional Traitor: Chief Justice Approves Obamacare Tax Mandate

Posted on 28 June 2012 by george

In a ruling written by Chief Justice John Roberts, the U.S. Supreme Court — the same entity that acknowledged in 1819 that the “power to tax is the power to destroy” –has ruled that the federal government can use the taxing power to compel its subjects to participate in a government-run corporatist health care system.

During a 2009 interview with the obsequious George Stephanopolos, President Obama said that he “absolutely reject[s] the notion” that the federal health care mandate is a tax increase. This morning, the Court, in a 5-4 ruling written by nominal conservative Chief Justice Roberts, rejected the Obama administration’s argument that the Constitution’s Commerce Clause permits an individual health care mandate; however, the Court also claimed that it could impose such a directive by means of a direct un-apportioned tax (which is not authorized by the Constitution – see Article I section 2, clause 3 — and thus is expressly forbidden by it, as if that mattered anymore).

“Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness,” wrote Roberts, deploying the tactical disingenuousness such people always display whenever they ratify a federal power grab. This feigned humility was used to cloak an unambiguous lie: The measure Roberts describes is a direct un-apportioned tax, which, as we’ve seen, is explicitly forbidden by the Constitution.

In the opinion he wrote on behalf of the four dissenting justices, Antonin Scalia described the Obamacare individual mandate, and the powers arrogated by Washington to enforce it, as a “blatant violation of the constitutional structure,” irrespective of the conceptual framework used to justify it.

Scalia pointed out that with respect to the constitutional power “to tax and spend for the general welfare,” the High Court “has long since expanded that beyond … taxing and spending for those aspects of the general welfare that were within the Federal Government’s enumerated powers” to the point that it now effectively manages practically every aspect of the lives of U.S. citizens – and has absorbed all of the powers and functions once reserved to the states. The gravamen of this case, Scalia insists, is not whether the mandate can be justified on grounds other than the Commerce Clause, but whether there are any identifiable limits on the exercise of federal power:

What is absolutely clear, affirmed by the text of the 1789 Constitution, by the Tenth Amendment ratified in 1791, and by innumerable cases of ours in the 220 years since, is that there are structural limits upon federal power—upon what it can prescribe with respect to private conduct, and upon what it can impose upon the sovereign States. Whatever may be the conceptual limits upon the Commerce Clause and upon the power to tax and spend, they cannot be such as will enable the Federal Government to regulate all private conduct and to com­pel the States to function as administrators of federal programs.

The Obamacare statute “exceeds federal power both in mandating the purchase of health insurance and in deny­ing non-consenting States all Medicaid funding,” Scalia concludes. “These parts of the Act are central to its design and operation, and all the Act’s other provisions would not have been enacted without them. In our view it must follow that the entire statute is inoperative.”

Roberts’ ruling is applied Leninism – a pragmatic way of justifying the government’s intention to exercise “power without limit, resting directly on force.” Money and time are essentially the same thing; one earns money by investing his time – an irreplaceable and finite quantity – in commerce or labor. Through taxation the State steals life incrementally, rather than destroying it outright.

In his decision, Chief Justice Roberts has placed the High Court’s imprimatur on the proposition that the regime ruling us can steal our lives incrementally in order to force each of us to participate in a health care program that will regulate every aspect of the lives that remain – and either kill or imprison those of us who refuse to participate.

Read the ruling here.

13 Comments For This Post

  1. Jesse Says:

    The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

  2. John O Says:

    You lose. Tough luck. Signed a loyal President Obama supporter.

  3. BobbyG Says:

    Congratulations, you earned a citation on my blog.

  4. William Grigg Says:

    Dear John O:

    We all lose. Good luck.

    (Signed) A resident of the reality-based community.

  5. liberranter Says:

    If this ruling hasn’t utterly destroyed what little legitimacy and credibility remained with the Supreme Court, nothing else ever will.

  6. Fred Mertz Says:

    John O the lefty thinks he can smirk and gloat.
    So we lose do we?
    You failed to count on one thing. There is a line in the sand and you lefties crossed it.
    That was a very foolish and fatal mistake.

  7. John Says:

    Citations? That’s pretty pathetic.

    The thing is, most constitutional scholars seemed to agree that the law was constitutional. I’m not one of those. You’re clearly not one of those. I’m going to trust that the people who actually study this stuff know more about it than you or I. Bark all you like about not getting what you want, but let’s not pretend anything unfair or illegal happened.

    Also, not that it matters, but I’m personally against being forced to buy healthcare. I think it’s wrong and I wouldn’t have voted for it. But you can’t always get everything you want, so you just have to suck it up and deal with it like an adult.

  8. Nemo Says:

    It is all still unconstitutional. This ruling against our Constitution was made by a domestic enemy. Domestic enemies have taken over our government. The military swore an oath to protect the Constitution from all enemies foreign and DOMESTIC. Where are they now? The enemies are here. The people must act.

    “What country can preserve its liberties if its rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms. The remedy is to set them right as to facts, pardon and pacify them.” –Thomas Jefferson

  9. William Grigg Says:

    The thing is, most constitutional scholars seemed to agree that the law was constitutional. I’m not one of those. You’re clearly not one of those. I’m going to trust that the people who actually study this stuff know more about it than you or I.

    Unless your copy of the U.S. Constitution, unlike mine, was written in Sanskrit, you don’t need an “interpreter” or an “expert” to clarify its language and (therefore) its plain intention. Unless you’re a slave, rather than a citizen, you don’t need to “trust” that the people who presume to exercise plenary power over your life will do what is best.

    Every purpose for which Congress can enact legislation is outlined in Art. I sec. 8 of the Constitution. That exhaustive and definitive roster of powers does not include any grant of authority to regulate, let alone create, a national system of health “insurance” (the description is an artfully misleading use of the term “insurance”). Congress does have unlimited jurisdiction over the District of Columbia, so if it wanted to create a system of socialized medicine it could do so within D.C.’s geographic limits.

    The beginning of adult wisdom is putting away a childish trust in the supposed wisdom of “experts” and rulers. Anybody who displays that inclination, whatever his or her chronological age, is mired in perpetual childhood and unfit for the company of practicing adults who insist on living as free individuals.

  10. pearl Says:

    I don’t understand how so many who have stood for the rule of law and supported the ACLU when rights were being violated by the government, now applaud government coercion because someone they like is in office. This problem will become very clear once Rombama gets elected. We are being herded like sheep from the left and the right, into a coral of government control. When the Republican is in office, those who supported this power grab will be screaming the loudest, but the foundation has been laid to exert power without restraint, and it IS unconstitutional, no matter what the criminal in the robe has ruled.
    Americans – please read the history of this country and others. Left or right, liberal or conservative, the struggle of mankind has ever been against the use of force by criminal cabals calling themselves “government”. Justice demands that all of us stand for what is right, not just our own interest. Please read and learn so that you can see the nature of this conflict. I look forward to the day when we can all stand together to resist the enslavement of mankind.

  11. Mark Says:

    This also lays to rest the ridiculous argument that we must elect “Republicans” as Presidents because they will appoint “conservative” Supreme Court justices. Traitor John Roberts was appointed by traitor George Bush.

  12. Romneycare Says:

    The sky is falling…the sky is falling. Morons.

  13. misguided Says:

    With all the corporate corruption, war, and propaganda we have to tolerate in these United States, I think its a shame people can allow themselves to get so riled up over an attempt to bring healthcare reform to our country. I am glad it was upheld. I think the outrage is just a manufactured backlash against Obama by the 1%. Don’t bite the hook. When are Americans going to realize that as long as we are divided over dumb things like this we can’t make progress to solve real issues like poisoned water and GMO wheat thats in almost every packaged food item and a Fed that has allowed banks to pull off the greatest rip-off in history. We need single payer medicare for all, non profit, no CEOs. As a recently passed victim of police brutality, Rodney King said, ‘Try to just get along.’

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