Author Topic: White House claims ObamaCare fine a 'penalty,' despite court calling it a 'tax'  (Read 3667 times)

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Offline txradioguy

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The libs/dems of today are the Quislings of former years. The cowards who would vote a fraud into office in exchange for handouts from the devil.

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Offline Chris_

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Pelosi almost calls health law penalty a tax.

House Minority Leader Nancy Pelosi conceded in an interview aired Sunday that a key penalty in the health care law is assessed under the Tax Code — nearly calling the fee a tax, too, before stopping mid-word. . . .

“It’s a ta—; it’s a penalty for free riders,” Pelosi said, nearly uttering the dreaded T-word before cutting herself off.
Politico

Be careful, Nancy.  You might accidentally tell the truth.
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Offline Kyle Ricky

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Politico

Be careful, Nancy.  You might accidentally tell the truth.


Forbid she tell the truth. The only people they are fooling are MSNBC (Which they chose to believe anything the liberals say) and other crack heads.

Offline EagleKeeper

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Have to disagree there, EK. The operative phrase in your post is "for all intents and purposes," and for that, it DID originate in the Senate. A shell is just a shell. This is a parliamentary trick to get around the Constitutional requirement of House origination for spending/finance-related bills. A gutted shell does not fulfill the spirit of that requirement, only the most empty letter of it.

I hope you are right Danglars, but I am forced to wonder why this angle hasn't been persued to force the courts to strike this monster down.

I guess it may have persued, I don't know, but it would appear that if it was it held no weight.
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Offline Danglars

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I hope you are right Danglars, but I am forced to wonder why this angle hasn't been persued to force the courts to strike this monster down.

I guess it may have persued, I don't know, but it would appear that if it was it held no weight.

Oh, I didn't mean there's anything to pursue here.

It does fulfill the letter of the requirement, as I mentioned, that's why it was never pursued. I meant that doing it this way can't be said to fulfill the spirit of the requirement. Think of it this way: if I send you a box full of important stuff, possibly, oh, I don't know, beer and bacon, and you're supposed to give the beer and bacon to someene else, but instead keep the b and b for yourself and pack a lot of old, disgusting sneakers into the box, and then you give it to that someone else, you've definitely given that someone else the box, but not its contents--and we're the someone else, in the case of laws. That's about as much honor and truth and substance as this game of fill-up-the-shell extends to the Constitutional requirement that spending bills originate in the House. I don't know the full history of this shell game, no doubt both parties have done this for matters less momentous.

Congress comes up with all kinds of crap to get around the Constitution within the framework of their own rulemaking. Since each chamber has plenary power to make its own rules of order and passage, except for a few specified requirements (eg, there has to be a Speaker of the House, the speaker is specifically named in Article II, but in fact no mention is made of the Senate majority leader, only that they'll "pick their own officers"), they stretch that plenary power to get around the enumerated demands of the Constitution. I'd say it would be nice if a Republican majority in both chambers would take a look at all this bullshit with an eye to adhering more closely to what the Constitution fairly obviously intended, but they'd be wasting their time; future Congresses could go back at any time to playing these games, and of course it'd be the Dems who use these tactics for BIG, country-changing items, not just for tweaks in laws here and there.

Offline Maxparrish

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Well it seems that this shell bill was "way" outside Constitutional law. According to Hot Air " the bill that passed the Senate was H.R.3590, which initially had to do with tax breaks for military homeowners."

You are right though, there is no reason to sue on that basis. The five would just over-rule it. And it would do no good to point out that under federal doctrine you can't sue and rule over a tax until someone actually pays it.

Roberts just pulled this hooey out of his ass.