Anonymous ID: 737c92 Dec. 15, 2018, 7:51 a.m. No.4321674   🗄️.is 🔗kun   >>1787 >>1829

>>4321565

The reason they ignore the 10th Amendment is based on a decision during the FDR era where the SC had a ruling about a farmer.

 

They said if the farmer COULD engage in interstate commerce, even if he didn't actually do it, then it comes under interstate commerce clause. That means the 10th Amendment is completely ignored.

 

The person who wrote that decision was Robert Jackson.

 

When John Roberts was interviewed as a SC candidate, he said his favorite justice was Robert Jackson.

 

Roberts would then write the Obamacare decision in the same light: if the government wants you to buy something, you have to pay a tax if you don't.

 

Ginsberg and Roberts both have to be replaced.

Anonymous ID: 737c92 Dec. 15, 2018, 8:01 a.m. No.4321757   🗄️.is 🔗kun

>>4321648

Yes. Trump will use it as leverage with the Dems. Either they come up with something new (in which case they can drop the appeal because it is moot), or they don't (in which case SC rules in favor of Trump and we revert back to the laws that existed prior to Obama).

Anonymous ID: 737c92 Dec. 15, 2018, 8:06 a.m. No.4321804   🗄️.is 🔗kun   >>1843

>>4321722

Problem with Roberts' opinion on the tax is that it is an unconstitutional tax.

 

It is not an income tax. It is calculated on income, but not a tax on income. It is a tax on not buying something.

 

It is a direct tax, not an indirect tax. All direct taxes must be apportioned, which ACA is not.

Anonymous ID: 737c92 Dec. 15, 2018, 8:16 a.m. No.4321879   🗄️.is 🔗kun   >>1922 >>2010

>>4321843

Yeah, quite the magic.

 

I don't see "penalty" under Article I, Section 8, though …

 

You think Obama will eventually be outted as not a natural born citizen, and therefore force Kagan and Sotomayor to resign?

 

That would be a hell of a shit show, but without a real wake up of the people, it will all be back in 10 years. Trump will just be a bump in the road.

Anonymous ID: 737c92 Dec. 15, 2018, 8:30 a.m. No.4322027   🗄️.is 🔗kun

>>4321922

>> think "neccesary and proper" clause and also legal doctrine of implied powers to accomplish enumerated powers

 

That dog won't hunt.

 

"Necessary and proper" … to enforce a tax.

 

"Implied powers to accomplish enumerated powers" … to enforce a tax ("penalty" not an enumerated power).

 

Call it a fee, a license, a penalty, or a cookie jar. It is still a tax – the ONLY form of payment the federal government is allowed to collect.

 

A tax that is unconstitutional on its face.

 

Dog and pony show does not change the fact that it is a lie.

 

The problem I have with your industry is that you are like accountants. Your income depends on the government. And because of that, you are not willing to challenge the government when it is clearly wrong. You go along to get along, and that is a big part of the reason why America needs to be made great again.

 

Before the ink was dry on Roberts' opinion, there should have been lawyers challenging the tax as unconstitutional. Yes, Congress can tax, but only within the bounds of the Constitution.

 

Instead … crickets

 

The law industry is not the only problem, but it is one of the big ones.