Sloop wrote:Be sure to read the comments that follow the article -- in particular the first two:
Rachel Guess • a day ago
In his opinion, Roberts does NOT say that the ObamacareTAX is Constitionally legal, and hints that it can be challenged. Why?...Because the US Constitution, Article 1 Section 7 states clearly that all TAXES MUST ORIGINATE IN THE HOUSE. The ObamacareTAX originated in the Senate. This provides a legal cause of action against it the very first time a 'fine/tax' is applied to anyone. It can be challenged on Constitutional grounds because it was not passed lawfully.
SciFi_Freddie • 7 hours ago• parent
Excellent point, Rachel. The "ObamacareTAX" is not Constitutionally legal. The Constitution lists the specific kinds of taxes that Congress can impose. That's why it had to be amended before the feds could impose the income tax - the income tax did not fit any of the Constitutional categories. What kind of tax is the 'uh oh - you don't have medical insurance' tax? Roberts didn't say, did he? Hmm. . . And if the tax/penalty is not Constitutionally legal, then it should NOT have been upheld. What a legal linguistic contortionist he is!
Both of those comments are simply untrue as matters of fact, something Rachel Guess and SciFi_Freddie could have determined in seconds. It confirms what NateS said earlier, that it pays to check original sources.
Let's start with Ms. Guess's contention that tax bills must originate in the House of Representatives. The Court was ruling on the constitutionality of the Patient Protection and Affordable Care Act, an act that in fact originated in the House as H.R. 3590. That's all that matters. Article I, section 7, clause 1 of the Constitution says, "All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills." I think the mandate was in versions of the law circulating in both houses from the very start, but it doesn't matter which had it first. The actual bill that was passed originated in the House, and the Constitution doesn't care where any particular amendment to the bill was proposed. That's probably why Justices Alito, Kennedy, Scalia, and Thomas never thought of this argument, despite their very thorough analysis of flaws they saw in the tax theory of the PPACA's constitutionality. I wouldn't expect Ms. Guess to discover a crucial argument they missed.
I knew a kid named Guess when I was in high school. He got pulled over one night by a policeman, who asked him his name. It turns out no one likes a smart ass, especially cops.
Turning to SciFi_Freddie's point, the Constitution does not in fact list the specific kinds of taxes that Congress can impose. It says, in Article I, section 8, that "Congress shall have power To lay and collect Taxes ..." There's no list. What SciFi_Freddie is probably thinking of is a restriction on so-called "direct taxes," which are subject to Article I, section 9, clause 4: "No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken." But Chief Justice Roberts discussed this point quite specifically at pages 40 to 41, and concluded that the mandate is
not a direct tax. My point is not whether Roberts was right about this (although he was). It is how often people just say stuff that is demonstrably untrue. SciFi_Freddie claims that "Roberts didn't say," but he did, and anyone bothering to read the opinion can see that he did.
It's hardly worth paying attention to anyone's opinion until you check to see if he has his facts straight.