web analytics
September 18, 2014 / 23 Elul, 5774
At a Glance
InDepth
Sponsored Post
Apartment 758x530 Africa-Israel at the Israel Real Estate Exhibition in New York

Africa Israel Residences, part of the Africa Israel Investments Group led by international businessman Lev Leviev, will present 7 leading projects on the The Israel Real Estate Exhibition in New York on Sep 14-15, 2014.



J.E. Dyer: Implications of the New ‘Tax-Mandate’ in Obamacare

US Supreme Court rejected a petition by the Arab Bank to hear its case, sending the case back to the lower court in Brooklyn.

US Supreme Court rejected a petition by the Arab Bank to hear its case, sending the case back to the lower court in Brooklyn.
Photo Credit: Nicolas Stambach

So, this is how I understand the Supreme Court decision on ObamaCare.  Congress wrote an individual mandate – to purchase approved health insurance – into the law.  President Obama spoke with great certainty of the provision being a mandate, and not a tax.  Congress didn’t write the mandate in words that would make it a tax.  The description of the provision doesn’t fit that of a tax.  The provision is that you are required to buy something from a commercial vendor – i.e., not send revenue to the government, which is the exact definition of what a tax does – and that you are required to do so if you fit a certain income or employment profile; if you don’t fit the profile, you aren’t required to make the purchase; but if you do fit the profile and fail to make the purchase, you will be fined.

The Supreme Court of the United States (SCOTUS) decided that that’s a tax.

This is what a tax now looks like?  This is an open invitation to “tax” via whatever mandate sounds good to you.  What sort of unequal-before-the-law mandate would not fit this definition of a tax?  Congress can do anything it wants, by the logic of this decision, with the judicial precedent set that levying mandates equals using the power to tax.

Let’s mandate that every adult in America with an income over $80,000 a year has to buy a Chevy Volt or pay a fine.  Make it a 5-year recurring requirement, with the vehicle selected according to the preferences of environmentalists and unions.  Use the IRS to gather the necessary data and enforce the requirement.  It’s just a tax – why not?

Why can’t Congress tell us the size of house we are allowed to buy, require us to buy it, and fine us if we don’t?  Congress would just be taxing us by doing this.  Why can’t Congress mandate that we pay for two weeks of vacation at the tourist hotspots approved by Congress, and fine us if we don’t?  Why can’t Congress order us to pay for college and fine us if we don’t?  Buy furniture, buy certain types or brands of food, use a certain minimum amount of electricity or natural gas; get tattoos, buy a minimum amount of clothing each year – or buy only a maximum amount of clothing, and use only a maximum amount of electricity or natural gas – why can’t Congress require any or all of these things via a Tax-Mandate?

This is a very serious question.  If nothing in the US Constitution or legal precedent can be held to stop Congress from levying an unequally applied health-insurance purchase mandate, then what could stop Congress from levying any other unequally applied purchase mandate?  The same things that would stop a lawn-care or makeup purchase mandate should have knocked down the health-insurance purchase mandate.

It is deeply saddening to see the torture of our law and our idea of law in this instance.  Congress did not, in fact, write a tax; Congress wrote and intended to write a mandate.  SCOTUS has done great harm by so dangerously enlarging the effective definition of a “tax” – and by assuming the privilege of telling Congress what Congress actually did when Congress meant to frame a mandate.  The difference between purchase “mandate” and “tax” is a very real one from every perspective of government and law, and SCOTUS has irresponsibly elided them.

I say the court did not have the constitutional power to do that.  For the purposes of enforcement and politics – in terms of their meaning to our lives – the two things are obviously different.  They are validly separate categories, and it is overriding reality and the common sense of the people to decide that the one is to be interpreted as the other – and will therefore be treated as the other in terms of Congress’s constitutional powers.

If this decision was to be made at all – that a mandate is a tax, and Congress is empowered accordingly – Congress should have made it.  This transformational decision about definitions and distinctions in the law wasn’t for the Supreme Court to make.  A better approach for the court would have been to accept that Congress intended to write a mandate, and rule – on the basis expressed in the majority opinion itself – that Congress doesn’t have that power.  The court could have added that if Congress wanted to write a tax, it could do so.

A bulwark for our constitutional liberty and rights has been smashed.  Taxes do not involve commercial-purchase mandates, and individual purchase mandates, if they are to be implemented at all, belong to the states.  If we do not abide by those definitions and limits, then there will be no limit on what SCOTUS will say the Congress can “tax-mandate” out of our wallets.

Originally published at http://hotair.com/greenroom/archives/2012/06/28/implications-of-the-new-tax-mandate/

About the Author: J.E. Dyer is a retired US Naval intelligence officer who served around the world, afloat and ashore, from 1983 to 2004.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “J.E. Dyer: Implications of the New ‘Tax-Mandate’ in Obamacare”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Jawwal Cellular Communications HQ
Hamas Robs Bank of Palestine
Latest Indepth Stories

A little less than 10 percent of eligible Democratic voters came out on primary day, which translates into Mr. Cuomo having received the support of 6.2 percent of registered Democrats.

The reality, though, is that the Israeli “war crimes” scenario will likely be played out among highly partisan UN agencies, NGOs, and perhaps even the International Criminal Court.

Peace or the lack of it between Israel and the Palestinians matters not one whit when it comes to the long-term agenda of ISIS and other Islamists, nor does it affect any of the long-running inter-Arab conflicts and wars.

Rather than serving as a deterrent against terrorist attacks, Israel’s military strength and capabilities are instead looked at as an unfair advantage in the asymmetrical war in which it finds itself.

Sisi:”The religious nature of the Middle East creates challenges for the governing authorities.”

For too long the media and international community have been preaching that “Palestinians” bear no responsibility for the consequences of their decisions and they are passive victims of the conflict.

Iron Dome intercepted over 1,000 rockets aimed at Israel with a success rate of over 90% in 2014

We talked about the responsibility that comes with the pen, its potential to influence and inspire.

Amnesty International:The crippling of the power station was “collective punishment of Palestinians”

Originally scheduled to be held elsewhere, the hotel canceled, pressured by local missionary groups

It’s likely that some of the rebel factions, including US clients, have indeed made pacts with ISIS

Imam Tafsirli of the Harlem Islamic center: “You cannot be a Muslim without believing in Jesus”

If simple fuel choice were implemented, the power of petroleum and those who sell it would cease.

More Articles from J. E. Dyer
syria_stratfo

It’s likely that some of the rebel factions, including US clients, have indeed made pacts with ISIS

After the 2003 invasion: digging out a MiG-25 buried in Iraq before Desert Storm. Saddam’s jet inventory suffered various similar fates.

Another nation – probably Iran, possibly Russia and/or Syria – is entering the fight in Iraq in a new and fully committed way.

There is now NO possible explanation for not evacuating at least non-essential personnel from the U.S. embassy and consulates in Iraq.

ISIS is executing, slowly but surely, a pincer move on Baghdad.

The ISIS guerrillas are a problem for Iran. It arose because of the Arab Spring and the Syrian civil war.

To investigate Holocaust denial is to enter into a sick world of darkness and brooding fury.

It would be so catastrophic to not increase the debt ceiling that Senators must have the option of avoiding the people’s scrutiny.

Iran could produce enough high-enriched uranium (HEU) for a first nuclear warhead in as little as two weeks.

Printed from: http://www.jewishpress.com/indepth/analysis/j-e-dyer/j-e-dyer-implications-of-the-new-tax-mandate-in-obamacare/2012/06/29/

Scan this QR code to visit this page online: