Another Federal Judge rules Obamacare unconstitutional

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Vette73

Lifer
Jul 5, 2000
21,503
8
0
If you can't understand how that analogy isn't even close, I would read the ruling.


His words...

"Or, as discussed during oral argument, Congress could require that people buy and consume broccoli at regular intervals,"


Or congress could require people to pay into a retirement account and Disability Insurance.

Oh yea, SS is insurance and I am forced to pay it. You forget that?
 

sactoking

Diamond Member
Sep 24, 2007
7,552
2,768
136
His words...

"Or, as discussed during oral argument, Congress could require that people buy and consume broccoli at regular intervals,"


Or congress could require people to pay into a retirement account and Disability Insurance.

Oh yea, SS is insurance and I am forced to pay it. You forget that?

Here's the nice, simple answer:

Collect taxes and use those taxes for a specific purpose, eg SSI- Constitutional
Threaten people with fines and jail for not doing something, eg health care law- not Constitutional

Two separate items that have no bearing on the other.
 

Vette73

Lifer
Jul 5, 2000
21,503
8
0
Here's the nice, simple answer:

Collect taxes and use those taxes for a specific purpose, eg SSI- Constitutional
Threaten people with fines and jail for not doing something, eg health care law- not Constitutional

Two separate items that have no bearing on the other.


If I don't pay into the Social Security insurance do I also not get fines and jail? If I run a business am I also not forced to pay by threat of jail, fines, and lose of my job/business?

Also just in case you don't know. The SC ruled SS was legal in 37. SS expansion and many amendments did not take place until 1939 and later. So yes the original SS was legal but since then it has been expanded and adjusted so many times since then... well.
 

werepossum

Elite Member
Jul 10, 2006
29,873
463
126
Here's the nice, simple answer:

Collect taxes and use those taxes for a specific purpose, eg SSI- Constitutional
Threaten people with fines and jail for not doing something, eg health care law- not Constitutional

Two separate items that have no bearing on the other.
That seems an odd separation, seeing as how we already impose fines and jail time for not doing things like paying child support. Though perhaps there aren't any comparable federal laws.

I can't conceive of SCOTUS telling the federal government it can't grab an additional power. The five progressive justices who gave us Kelo v. New London are still on the court, and this seems like a much less abusive power grab to me. Personally I'd much rather government tell me I had to buy health insurance than to take my land and give it to some rich person on the grounds that government will make more money that way. In any event this seems ripe for circular logic; if SCOTUS rules the mandate is Constitutional then the fines are probably okay as well.
 

matt0611

Golden Member
Oct 22, 2010
1,879
0
0
This law is clearly unconstitutional. This ruling is a win for people who actually want to follow the constitution, a loss for progressive statists :thumbsup:
I wish this whole piece of shit bill would just be scrapped.
 

Bowfinger

Lifer
Nov 17, 2002
15,776
392
126
That seems an odd separation, seeing as how we already impose fines and jail time for not doing things like paying child support. Though perhaps there aren't any comparable federal laws.

I can't conceive of SCOTUS telling the federal government it can't grab an additional power. The five progressive justices who gave us Kelo v. New London are still on the court, and this seems like a much less abusive power grab to me. Personally I'd much rather government tell me I had to buy health insurance than to take my land and give it to some rich person on the grounds that government will make more money that way. In any event this seems ripe for circular logic; if SCOTUS rules the mandate is Constitutional then the fines are probably okay as well.
That's my thought as well. Though I think this is clearly not "Constitutional" in the sense of what the Founding Fathers intended, the fact is that ship sailed long ago. The federal government has been usurping the state's powers and rights for a century or more, grabbing more and more power for itself using the flimsiest of justifications. The Supreme Court, being integral to grabbing this power, seems unlikely to stray now. It will be interesting, however, to see if SCOTUS' obvious partisanship outweighs it's enthusiasm for an all-powerful federal government.
 

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
More details. The judge didn't issue an injunction because in cases like these the federal government has always stopped itself. This opens the door for impeachment if Obama continues to execute this act after a court order saying he can't do it. Very nice play Judge, very nice. Puts obama in a very bad place legally.

The judge specially spoke to injunctive relief and essentially said the executive branch should stop (and always has in the past) because of the federal courts decision/ruling. That was the reason for not having an injunction.
 

xenolith

Golden Member
Aug 3, 2000
1,588
0
76
His words...

"Or, as discussed during oral argument, Congress could require that people buy and consume broccoli at regular intervals,"


Or congress could require people to pay into a retirement account and Disability Insurance.

Oh yea, SS is insurance and I am forced to pay it. You forget that?

Long explanation: Despite your indoctrination, Social Security is a system that does not represent an old age pension, an "insurance" program, or even a forced savings program. It simply represents an enormous transfer payment, with younger workers paying taxes to fund benefits for older people. There is no Social Security trust fund, and you don’t have an "account." Whether you win or lose the Social Security lottery is a function of when you happened to be born and how long you live to collect. Young people today have every reason to believe they will never collect those benefits.

Short explanation: Social Security is not "insurance". It is a tax to fund the biggest ponzi scheme in history, and that today's young people will never get a chance to see a pay out.
 

CADsortaGUY

Lifer
Oct 19, 2001
25,162
1
76
www.ShawCAD.com
That's my thought as well. Though I think this is clearly not "Constitutional" in the sense of what the Founding Fathers intended, the fact is that ship sailed long ago. The federal government has been usurping the state's powers and rights for a century or more, grabbing more and more power for itself using the flimsiest of justifications. The Supreme Court, being integral to grabbing this power, seems unlikely to stray now. It will be interesting, however, to see if SCOTUS' obvious partisanship outweighs it's enthusiasm for an all-powerful federal government.

Yeah, that's a good attitude. Since it's long been abused... just abuse it some more... and label it partisan vs power grab... as if there isn't a correct choice in the matter.
 

CADsortaGUY

Lifer
Oct 19, 2001
25,162
1
76
www.ShawCAD.com
Long explanation: Despite your indoctrination, Social Security is a system that does not represent an old age pension, an "insurance" program, or even a forced savings program. It simply represents an enormous transfer payment, with younger workers paying taxes to fund benefits for older people. There is no Social Security trust fund, and you don’t have an "account." Whether you win or lose the Social Security lottery is a function of when you happened to be born and how long you live to collect. Young people today have every reason to believe they will never collect those benefits.

Short explanation: Social Security is not "insurance". It is a tax to fund the biggest ponzi scheme in history, and that today's young people will never get a chance to see a pay out.

people who run systems like SS in the private sector go to jail... but since it's the gov't... libs think it's ok.
 

sactoking

Diamond Member
Sep 24, 2007
7,552
2,768
136
If I don't pay into the Social Security insurance do I also not get fines and jail? If I run a business am I also not forced to pay by threat of jail, fines, and lose of my job/business?

Also just in case you don't know. The SC ruled SS was legal in 37. SS expansion and many amendments did not take place until 1939 and later. So yes the original SS was legal but since then it has been expanded and adjusted so many times since then... well.

Ok, if you don't like the simple answer here's a more complicated one.

SS is a tax. A tax is a charge or surcharge levied to provide some service. Typically taxes fall into two categories: general and specific.

A general tax (eg income or sales) provides revenue to fund a variety of programs and services. A specific tax provides revenue to fund one program or service. Specific taxes are generally named after the program or service they fund.

In this case the "Social Security" tax is a specific tax; it is used to fund the specific program known as Social Security. Taxes are, generally, unavoidable. The government levying the tax may make certain concessions within the adjudication of the tax, but the tax itself is levied against all participants in the class subject to the tax (i.e. homeowners, purchasers or goods, income earners, etc). This mechanism, whereby a government collects revenue (taxes) to fund a program or service, has been fully vetted through the Constitution and courts.

The health insurance law is a mandate. A mandate is a direction or edict issued to bring about some behavior. A mandate can carry penalties in the form of fines. A fine is not a tax. Revenue from fines are not earmarked to fund programs or services. A person can avoid a fine by engaging in the mandated behavior. This mechanism, whereby the Federal government attempts to regulate a action by claiming that not doing said action is actually a subset of doing the action, has not been vetted through the Constitution and courts.

In retrospect, after reading werepossum's post, I realize my original "simple" answer was actually murky. "Threaten people with fines and jail for not doing something" was unintentionally vague, as not paying taxes fits that description. Maybe a more accurate phrase would have been "Threaten people with fines and jail for not doing something that isn't itself already a penalty for some undesired action/inaction."

I cannot, offhand, think of any other instance in which the Federal government threatens citizens for not doing something except in those instances where the action not done is already a punishment (ex: failure to pay a fine) or a clearly defined Constitutional power (ex: failure to register for Selective Service or failure to pay taxes).
 

sactoking

Diamond Member
Sep 24, 2007
7,552
2,768
136
More details. The judge didn't issue an injunction because in cases like these the federal government has always stopped itself. This opens the door for impeachment if Obama continues to execute this act after a court order saying he can't do it. Very nice play Judge, very nice. Puts obama in a very bad place legally.

The judge specially spoke to injunctive relief and essentially said the executive branch should stop (and always has in the past) because of the federal courts decision/ruling. That was the reason for not having an injunction.

I don't buy that. It's much more likely that he didn't issue an injunction because he knew such an injunction would garner an immediate review from an appellate court. By not enjoining the law pending appeals he basically allowed the Fed to say "There's no injuction, so it's still the law of the land" and the 26 States to say "His judgment was the functional equivalent of an injunction, so it's off". He's allowed enough wiggle room for both sides to continue how they want to and for the whole matter to get worse instead of better. Pretty much the coward's way out.
 

Patranus

Diamond Member
Apr 15, 2007
9,280
0
0
In this case the "Social Security" tax is a specific tax; it is used to fund the specific program known as Social Security.

Its a shame that those who pay such tax cannot file a class action lawsuit against the federal government when the money is pilfered for other projects.
 

Bowfinger

Lifer
Nov 17, 2002
15,776
392
126
Yeah, that's a good attitude. Since it's long been abused... just abuse it some more... and label it partisan vs power grab... as if there isn't a correct choice in the matter.
Naturally that's not what I said, but you've proven over and over that you are totally incapable of reading others' words without imposing your own screwed-up assumptions over them. Get well soon.
 

classy

Lifer
Oct 12, 1999
15,219
1
81
Reading more the judge ruled the entire bill/law unconstitutional! Awesome. Just think, half of the states are against this president.

Disagreeing with the President on the healthcare bill doesn't mean they are against him in everything.






















































Dummy
 

classy

Lifer
Oct 12, 1999
15,219
1
81
I believe it would fail as well in the US Supreme Court. You can't make people buy insurance. You can't make a person buy anything unless they want to or need to utilize some other benefit. Obama was a fool to pass this nonsense.
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
4,266
126
And now the push will be on for single payer, the only hope for Palin to win. The world is indeed strange. The Right supporters virtually ensure Obama wins, then the Left counters to help them.

 

sandorski

No Lifer
Oct 10, 1999
70,147
5,664
126
Republican politicians add something to a Bill they don't even like, Republican Judges find the Bill "Unconstitutional".

hmmmm
 

CADsortaGUY

Lifer
Oct 19, 2001
25,162
1
76
www.ShawCAD.com
Naturally that's not what I said, but you've proven over and over that you are totally incapable of reading others' words without imposing your own screwed-up assumptions over them. Get well soon.

Ah yes, clearly it's not what you stated in other words... so what else could you possibly be saying by what you posted if not my mocking portrayal?
 

Bowfinger

Lifer
Nov 17, 2002
15,776
392
126
Ah yes, clearly it's not what you stated in other words... so what else could you possibly be saying by what you posted if not my mocking portrayal?
Which words -- words I actually said, mind you, not the ones you imagined -- which words were too hard for you?
 

Conroe

Senior member
Mar 12, 2006
324
32
91
At least half of what the US government does has no base from the constitution.
 
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