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Current Events => General Discussion => Topic started by: deportliberals on November 02, 2009, 10:48:06 AM

Title: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 02, 2009, 10:48:06 AM
If Obamacare passes in its currnt form, there will be an immediate court challenge over the issue of congress forcing americans to buy a "product" or "service" under penalty of law that millions of americans don't want...congress has never done this before.

It is doubtful the Roberts' court will allow this.  Congress has limited enumerated powers that have unconstitutionally be expanded by leftist judges bastardizing the Commerce clause...won't work this time, although the america-hating left will do everything it can to make it happen.


http://www.washingtontimes.com/news/2009/nov/02/beware-the-health-insurance-police/
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: bkg on November 02, 2009, 11:43:16 AM
I think you're wrong. As the bill is written, the gov't is not forcing anyone to buy health insurance. They're just going to increase your taxes if you don't. Unfortunately, there's a difference.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: NHSparky on November 02, 2009, 11:45:59 AM
The same thing was said when auto insurance became mandatory.  They said the same thing when the government started taking money out of our checks for retirement, Medicare, etc.

Frogs in the pot, dude.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 02, 2009, 12:40:58 PM
I think you're wrong. As the bill is written, the gov't is not forcing anyone to buy health insurance. They're just going to increase your taxes if you don't. Unfortunately, there's a difference.

No...I am right!  The Hosue bill madates that EVERYONE must purchase health insurance if they are not already covered by their employer's plan or in the public plan.  It fines first time offenders $200 and that fine goes up to $700 per individual.
This little goodie comes straight out of Hillarycare, 1993.  Hence, the government is forcing you to buy insurance.  The tax side of it you mention goes to employers who refuse to provide insurance coverage.

Care to debate any of this?
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 02, 2009, 12:44:25 PM
The same thing was said when auto insurance became mandatory.

Auto insurance is a "state" mandate, not a federal mandate. 

Quote
They said the same thing when the government started taking money out of our checks for retirement, Medicare, etc.

Those are not "products" or "services."  And you do not have to join medicare.

Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 02, 2009, 01:03:14 PM
To reiterate, the House bill MANDATES that individuals MUST purchase healthcare or face a penalty.  In this case, the lefties are using a "surtax" as their penalty/fine for not buying healthcare:

http://www.atr.org/individual-health-mandate-withbr-income-tax-a3169#
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: Chris_ on November 02, 2009, 02:09:21 PM
I think you're wrong. As the bill is written, the gov't is not forcing anyone to buy health insurance. They're just going to increase your taxes if you don't. Unfortunately, there's a difference.

This approach is how they got away with the original "machine gun ban" back in the 'thirties........congress knew that an outright ban would face a challenge under the 2nd Amendment, so they got around it with a registration scheme, and a $200 tax, which was a hell of a lot of money in 1938.......then they proceeded to come back later with import and manufacture date limitations........never an outright "ban", but so close that it became, at present, nearly indistinguishable from one.......

I certainly haven't read the bill, but I suspect that they are tiptoeing around the Constitution like they usually do......

They got away with McCain-Feingold didn't they?   In my opinion a flagrant violation of the 1st........

doc
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: bkg on November 02, 2009, 02:34:15 PM
No...I am right!  The Hosue bill madates that EVERYONE must purchase health insurance if they are not already covered by their employer's plan or in the public plan.  It fines first time offenders $200 and that fine goes up to $700 per individual.
This little goodie comes straight out of Hillarycare, 1993.  Hence, the government is forcing you to buy insurance.  The tax side of it you mention goes to employers who refuse to provide insurance coverage.

Care to debate any of this?

Go ahead. Let's debate.

Show me where the bill forces anyone to buy insurance. It simply does not. It gives you the option - buy or be taxed to death. When there's an option, no matter how manipulative, it's still an option and not forced participation.

Does logic illude you?
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: bkg on November 02, 2009, 02:35:13 PM
I certainly haven't read the bill, but I suspect that they are tiptoeing around the Constitution like they usually do......

They got away with McCain-Feingold didn't they?   In my opinion a flagrant violation of the 1st........

doc

That's exactly what they are doing. Since they've been given the opportunity to tax-at-will, they likely are fully compliant w/ the COTUS.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: DumbAss Tanker on November 02, 2009, 02:44:07 PM
I believe the side saying it is not a forced purchase since you can either purchase OR pay a penalty/fee has the strongest argument on this, the distinction between State car insurance schemes and Federal health insurance isn't really germane, if was an unlawful taking under the 5th/14th Amendments in the Federal case, the same rights would have kept the State schemes from ever going into effect.

If this thing is going to be killed, it needs to be killed or at least neutered in Congress, the courts are not going to be much help or even particularly timely in getting around to being unhelpful.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: Chris_ on November 02, 2009, 02:50:33 PM
I believe the side saying it is not a forced purchase since you can either purchase OR pay a penalty/fee has the strongest argument on this, the distinction between State car insurance schemes and Federal health insurance isn't really germane, if was an unlawful taking under the 5th/14th Amendments in the Federal case, the same rights would have kept the State schemes from ever going into effect.

If this thing is going to be killed, it needs to be killed or at least neutered in Congress, the courts are not going to be much help or even particularly timely in getting around to being unhelpful.

I think you are correct, had they stuck with a mandate, without the tax penalty alternative  they might have faced a challenge, but as it stands, I don't think so.......

doc
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 02, 2009, 03:00:18 PM
Go ahead. Let's debate.

Show me where the bill forces anyone to buy insurance. It simply does not.

Page 296!  It has even been quoted by another poster here in the "poltics" section.

Quote
It gives you the option - buy or be taxed to death. When there's an option, no matter how manipulative, it's still an option and not forced participation.

Wrong, nutjob!  There are some seven million americans who currently can afford private insurance yet chose not to buy it...don't want the coverage...see U.S. Census stats.  These people will be forced to buy coverage(against their will) under Obamacare.  That's why it's called a MANDATE!  Might want to actually read the fricken link before jackin' your jaw.

And DL takes down another one...   
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 02, 2009, 03:02:19 PM
I think you are correct, had they stuck with a mandate, without the tax penalty alternative  they might have faced a challenge, but as it stands, I don't think so.......

doc

Read page 296...mandate and tax penalty are there.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: Chris_ on November 02, 2009, 03:04:25 PM
Read page 296...mandate and tax penalty are there.

Actually.....I was responding to DAT.......who addressed both points......

doc
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 02, 2009, 03:13:42 PM
Actually.....I was responding to DAT.......who addressed both points......

doc

Gotta go now...I'll be back...
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: thundley4 on November 02, 2009, 03:17:45 PM
Gotta go now...I'll be back...

Really?  Why bother?
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: BadCat on November 02, 2009, 03:18:27 PM
You have a lot of faith in the SCOTUS.

Sorry.  I do not.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: Thor on November 02, 2009, 03:42:04 PM
This approach is how they got away with the original "machine gun ban" back in the 'thirties........congress knew that an outright ban would face a challenge under the 2nd Amendment, so they got around it with a registration scheme, and a $200 tax, which was a hell of a lot of money in 1938.......then they proceeded to come back later with import and manufacture date limitations........never an outright "ban", but so close that it became, at present, nearly indistinguishable from one.......

I certainly haven't read the bill, but I suspect that they are tiptoeing around the Constitution like they usually do......

They got away with McCain-Feingold didn't they?   In my opinion a flagrant violation of the 1st........

doc

TV Doc, on the whole, you're right about the machine gun ban of 1934, HOWEVER, you failed to mention that a person ALSO had to have a "tax stamp", which NONE were printed for many years. No stamps, no machine gun, making it an effective ban. Part of that law was passed in 1968, courtesy of LBJ (the sporting clause) and it was further restricted in 1986, courtesy of Reagan.

An interesting side note:
Quote
The Hughes Amendment
The restrictions on full-auto firearms are a result of the Hughes Amendment (99th Congress, H.AMDT.777). The amendment prohibited the general public from possessing fully-auto firearms manufactured after May 19, 1986. Rep. William Hughes (D-N.J.) proposed the amendment late in debate and at night when most of the members of the House were gone. Rep. Charles Rangel (D-N.Y.), a long proponent of gun control, was presiding over the House at that time and a voice vote was taken. Despite the fact that the bill appeared to fail, Rep. Rangel declared the amendment approved and it was incorporated into House Bill 4332. Once passing the House, H.R.4332 was incorporated in its entirety into S.49. The Senate passed the final S.49 on April 10, 1986 by voice vote and it was signed by the President on May 19, 1986.

Seems like business as usual......... the Dems sneaking some crap in, even though it wouldn't have/ didn't necessarily pass.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: bkg on November 02, 2009, 04:34:21 PM
Page 296!  It has even been quoted by another poster here in the "poltics" section.

Wrong, nutjob!  There are some seven million americans who currently can afford private insurance yet chose not to buy it...don't want the coverage...see U.S. Census stats.  These people will be forced to buy coverage(against their will) under Obamacare.  That's why it's called a MANDATE!  Might want to actually read the fricken link before jackin' your jaw.

And DL takes down another one...   


Sir, please calm down and try to follow along. I'm typing very slowly, so I hope you can keep up. Under the mandates, if you CHOOSE to not get insurance, you pay a tax penalty.

Do you understand what that really means? It means you can choose to not get insurance and by doing so agree to pay a huge ass fine by way of increased taxes. That means that the gov't is not forcing you into buying health insurance. It's really quite simple. I'm not sure why you are having such a difficult time understanding it.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: Chris_ on November 02, 2009, 04:52:33 PM
TV Doc, on the whole, you're right about the machine gun ban of 1934, HOWEVER, you failed to mention that a person ALSO had to have a "tax stamp", which NONE were printed for many years. No stamps, no machine gun, making it an effective ban. Part of that law was passed in 1968, courtesy of LBJ (the sporting clause) and it was further restricted in 1986, courtesy of Reagan.

An interesting side note:
Seems like business as usual......... the Dems sneaking some crap in, even though it wouldn't have/ didn't necessarily pass.

If I remember correctly the $200 fee was ostensibly for the "tax stamp", however, I was not aware that there were no stamps issued.......seems to me that that should have formed the basis of a constitutional challenge (should anyone have cared to do so) based on a defacto ban.

I was unaware of the details on the more recent additions to this act, but the one that most owners have a problem with, at least currently, is that you can't register an automatic that was manufactured after 1984 (I think) which limits the available pool to such an extent that prices are out of the range of most casual enthusiasts....

doc
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: DumbAss Tanker on November 02, 2009, 10:05:27 PM
Actually, no, doc; there have been cases on guns, marijuana, and God-knows-what-else where the Gov't has gotten away with providing a legal way to do something, but then never allowed the means.  The Lautenberg Amendment has something like that working in it, where there is a legal procedure to apply for an exception, but the agency to which you have to apply is prohibited from allocating any resources whatsoever to process requests for exception.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 03, 2009, 12:14:18 PM
Really?  Why bother?

To educate the uninformed like you...hurl an insult and I'll make sure one comes back at you...
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: TheSarge on November 03, 2009, 12:15:41 PM
To educate the uninformed like you...hurl an insult and I'll make sure one comes back at you...


 :whatever:
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: bkg on November 03, 2009, 12:16:06 PM
To educate the uninformed like you...hurl an insult and I'll make sure one comes back at you...

It's funny to watch someone as ill-informed as you attempt to educate the masses.  :rotf: :rotf:
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 03, 2009, 12:22:46 PM
Sir, please calm down and try to follow along. I'm typing very slowly, so I hope you can keep up. Under the mandates, if you CHOOSE to not get insurance, you pay a tax penalty.

In your post above, you said there are no mandates!  It is clear that you do not know what the world "mandate" means!  Here, the Heritage Foundation analysis of 3200 discussing the PRIVATE MANDATE:

http://www.heritage.org/Press/FactSheet/fs0036.cfm
 
Now on to your failed understanding about WHY it is a mandate.  According to the U.S. Census CPS count, there are some 29 million americans without insurance who can easily afford insurance...10 million who make more than $75/k per year and 9 million of 18 to 34 yearolds who have access to insurance but want to spend their money on other things.

These 29 million people will be forced to purchase insurance against their will and that is not an "option" but a mandate!   Do you get it??
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: thundley4 on November 03, 2009, 12:25:21 PM
It's funny to watch someone as ill-informed as you attempt to educate the masses.  :rotf: :rotf:

The only chance he has to educate anyone is to preach to the mirror.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 03, 2009, 12:26:16 PM
It's funny to watch someone as ill-informed as you attempt to educate the masses.  :rotf: :rotf:

I've been mopping the floor with you...apparently you're so uninformed you don't even know it...wanna jump in any of my threads for a debate??  How about pointing to any inaccuracies???    
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: NHSparky on November 03, 2009, 12:27:11 PM
To educate the uninformed like you...hurl an insult and I'll make sure one comes back at you...

Oh, you're not long for this world, are ya kid?

(http://www.funnyforumpics.com/forums/STFU/5/STFU-Kitten_died.jpg)
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: bkg on November 03, 2009, 12:29:38 PM
I've been mopping the floor with you...apparently you're so uninformed you don't even know it...wanna jump in any of my threads for a debate??  How about pointing to any inaccuracies???    

I've already pointed out a couple of times why you are incorrect on the madate. While it will go to the SCOTUS, they can easily get it through because there is an opt-out. Costly, but still an opt-out. It will be spun that it is not a mandate since you do'nt have to participate.

For some reason you seem incapable of understand that.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: SSG Snuggle Bunny on November 03, 2009, 12:34:22 PM
In your post above, you said there are no mandates!  It is clear that you do not know what the world "mandate" means!  Here, the Heritage Foundation analysis of 3200 discussing the PRIVATE MANDATE:

http://www.heritage.org/Press/FactSheet/fs0036.cfm
 
Now on to your failed understanding about WHY it is a mandate.  According to the U.S. Census CPS count, there are some 29 million americans without insurance who can easily afford insurance...10 million who make more than $75/k per year and 9 million of 18 to 34 yearolds who have access to insurance but want to spend their money on other things.

These 29 million people will be forced to purchase insurance against their will and that is not an "option" but a mandate!   Do you get it??

Heritage is solid...you on the other hand...meh

bkg is not saying anything defamatory so calm the **** down. These government shits always fabricate workarounds for laws they fiund troubling to their agendas. This is his point and it needs to be heeded.

Here in Colorado we have a STATE CONSTITUTIONAL amendment that says the government cannot raise taxes without a referendum. A fat lot of good that did us...now they just jack-up fees for license plates etc whenever they want more money.

Technically, it is NOT a mandate because you can choose to not purchase insurance...you'll just pay more taxes as opposed to a criminal penalty. A direct criminal penalty would make it too obvious so they go with taxes as the punishment that isn't a punishment because such things would never pass constitutional or electoral muster. Even if you refuse to pay the taxes you won't be prosecuted for refusing healthcare insurance but simply for tax evasion.

THAT is the salient point because that is exactly the line of argument these compassion-fascists will take before SCOTUS. You may think it's Orwellian bullshit...I know I do...but to get whiny with bkg for pointing out the obviously true is not a slap against you (although you do deserve to be slapped for being such a whiny, hyper-defensive little bitch).
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 03, 2009, 12:37:15 PM
I've already pointed out a couple of times why you are incorrect on the madate.

You have pointed out nothing!  First you denied the mandate even existed (see you post above) and I had to give the page number(296) of the mandate, and I just brought a link from the Heritage Foundation showing you to be utterly uninformed on the issue of private mandates.  Second, you have demonstrated you don't even understand the working definition of "mandate."  Third, until I informed you, you had no idea there were some 29 million americans who chose NOT to buy insurance and it is these people who will be FORCED via "mandate" to purchase Obamacare or face fines/penalities in the form of tax surcharges...that's THE mandate.

You've lost on every point and you know it...you're just too easy.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: bkg on November 03, 2009, 12:40:14 PM
You have pointed out nothing!  First you denied the mandate even existed (see you post above) and I had to give the page number(296) of the mandate, and I just brought a link from the Heritage Foundation showing you to be utterly uninformed on the issue of private mandates.  Second, you have demonstrated you don't even understand the working definition of "mandate."  Third, until I informed you, you had no idea there were some 29 million americans who chose NOT to buy insurance and it is these people who will be FORCED via "mandate" to purchase Obamacare or face fines/penalities in the form of tax surcharges...that's THE mandate.

You've lost on every point and you know it...you're just too easy.

I highlighted the salient point in your post. The single word that YOU chose to incorporate into your argument that proves you wrong.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: SSG Snuggle Bunny on November 03, 2009, 12:47:40 PM
You have pointed out nothing!  First you denied the mandate even existed (see you post above) and I had to give the page number(296) of the mandate, and I just brought a link from the Heritage Foundation showing you to be utterly uninformed on the issue of private mandates.  Second, you have demonstrated you don't even understand the working definition of "mandate."  Third, until I informed you, you had no idea there were some 29 million americans who chose NOT to buy insurance and it is these people who will be FORCED via "mandate" to purchase Obamacare or face fines/penalities in the form of tax surcharges...that's THE mandate.

You've lost on every point and you know it...you're just too easy.
get over yourself
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 03, 2009, 12:49:09 PM
Heritage is solid...you on the other hand...meh

Everything I have said is in line with Heritage...you denying that?  Point where I am not in line with Heritage on the "mandate issue"??

Quote
bkg is not saying anything defamatory so calm the **** down.

What's with the calm down stuff?  bkg just told me I was "incapable of understanding" and I responded with "facts" asking him "do you get it'?  You do know how to read right?  I'm talking about posts that are just a couple of positions away from this post.

And you're wrong about the debate issue I've been having with bkg.  I asked bkg if he wanted to debate the point about the "mandate" and he said yes!  That is what we have been debating and anyone reading this thread should know that...it was spelled out for you up front.  He just lost on the mandate issue and made a post about SCOTUS.  Keep up if you're gonna criticize me!

Quote
Technically, it is NOT a mandate because you can choose to not purchase insurance...you'll just pay more taxes as opposed to a criminal penalty.

Technically it IS a mandate because it prescribes by law what you must do or pay a penalty that heretofore did not exist.  There is a reason why the bill's language says MANDATE, why Heritage, CATO and the Congressional Resarch Services Org all call it a mandate...that's because it is a mandate.  Pelosi call it a mandate...it's her bill.


Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 03, 2009, 12:57:30 PM
I highlighted the salient point in your post. The single word that YOU chose to incorporate into your argument that proves you wrong.

There is no single word that makes any of my statements wrong.  And I see NO highlighting from you.  You have been arguing with the facts, not me.  You say there is no mandate!  The Heritage Foundation, CATO and the Congressional Research Services all say you're wrong.  You have brought ZERO links, facts, sources, cites to the table that would even remotely back up your claim..nothing but hot air.

Further, your interpretation of the word mandate is hilarious!  When one is being FORCED to do something by edict/law that is a mandate.  That you are trying to fence with me on semantics to mask your defeat is also hilarious.  Next time read up. 
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 03, 2009, 12:59:29 PM
get over yourself

Another brilliant statement from one who is incapable of discussing the issue.  Care to comment on the topic of this thread? 
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: NHSparky on November 03, 2009, 01:01:46 PM
Another brilliant statement from one who is incapable of discussing the issue.  Care to comment on the topic of this thread? 

Sure--once you can show us you've read all 2000 pages of the bill.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: Thor on November 03, 2009, 01:02:25 PM
Another brilliant statement from one who is incapable of discussing the issue.  Care to comment on the topic of this thread? 

Attention ALL HANDS: Let's attempt to discuss this a little better instead of the constant hurling of insults. While this is NOW in the fight club,this didn't haven't to be moved here.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: bkg on November 03, 2009, 01:03:32 PM
There is no single word that makes any of my statements wrong.  And I see NO highlighting from you.  You have been arguing with the facts, not me.  You say there is no mandate!  The Heritage Foundation, CATO and the Congressional Research Services all say you're wrong.  You have brought ZERO links, facts, sources, cites to the table that would even remotely back up your claim..nothing but hot air.

Further, your interpretation of the word mandate is hilarious!  When one is being FORCED to do something by edict/law that is a mandate.  That you are trying to fence with me on semantics to mask your defeat is also hilarious.  Next time read up. 

Look. If I told you that from now on you HAD to get up at 6am or pay me $20 if you wanted to sleep in. Would that be a mandate? No. You have a choice. It's not a good choice, but it is a choice. And that's how the courts will eventually find this: that there is a choice.

BTW - read my quote of you again and find the highlighted, itealicized, bolded and underlined word that, in your own words, shows how the gov't is providing a choice. I don't like the choices - they suck ass and are a huge violation of the spirit of COTUS, but I suspect they'll pass muster.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: SSG Snuggle Bunny on November 03, 2009, 01:04:20 PM
Everything I have said is in line with Heritage...you denying that?  Point where I am not in line with Heritage on the "mandate issue"??

What's with the calm down stuff?  bkg just told me I was "incapable of understanding" and I responded with "facts" asking him "do you get it'?  You do know how to read right?  I'm talking about posts that are just a couple of positions away from this post.

And you're wrong about the debate issue I've been having with bkg.  I asked bkg if he wanted to debate the point about the "mandate" and he said yes!  That is what we have been debating and anyone reading this thread should know that...it was spelled out for you up front.  He just lost on the mandate issue and made a post about SCOTUS.  Keep up if you're gonna criticize me!
The balance of my post which you quoted but did not respond to contains my answer.

And yes, I can read...and I can even comprehend. That is why even though I myself refer to the mandates as mandates I also understand full well how the compassion fascists intend to get around the constitution and I can also read--and comprehend--from bkg's comments that he understands this as well. That is why, unlike you, I am not threatened by bkg's statements. We call them mandates as part of a vernacular shorthand but when the cases go to court the libs will argue technicalities to claim they are not.

By what measure do you imagine yourself competent to come to this forum, insult its veteran members, extol your virtues while making blanket declarations of the ignorance of all others and proclaim yourself uniquely qualified to instruct all the while dismissing the argurments that don't even contradict your citations but actually underscore your essential points with hyper-sensitive bleating tones? Do you imagine yourself some sort of conservative John the Baptist?

I'm watching both sides of the debate in this thread and while neither of you is wrong on merits you singularly are the biggest puss-tard this side of the internet.

And lay off the ****ing exclamation points, Francis.

Another brilliant statement from one who is incapable of discussing the issue.  Care to comment on the topic of this thread?  

Now you're just being a shitbag because I did when you first responded to me. It's quoted in your response (bad taggery BTW) but you never responded to the substance of my statement.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 03, 2009, 01:06:05 PM
Sure--once you can show us you've read all 2000 pages of the bill.

I don't have to!  The Heritage Foundation and Cato Inst have done that for me. I provided the link...oh yeah..you don't read links, right?
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: bkg on November 03, 2009, 01:09:06 PM
I don't have to!  The Heritage Foundation and Cato Inst have done that for me. I provided the link...oh yeah..you don't read links, right?

Dude... really? C'mon. One could easily argue that relying on an intermediate to interpret the bill as hearsay. Sorry, dude, don't mean to be a prick about it, but you're not playing by your own rules.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 03, 2009, 01:12:23 PM
Look. If I told you that from now on you HAD to get up at 6am or pay me $20 if you wanted to sleep in. Would that be a mandate? No. You have a choice.

Technically/lawfully it IS a mandate because it prescribes by law what you must do or pay a penalty that heretofore did not exist.  There is a reason why the bill's language says MANDATE, why Heritage, CATO and the Congressional Research Services Org all call it a mandate...that's because it is a mandate.  Pelosi calls it a mandate...it's her bill.  Gee...you  lose.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 03, 2009, 01:15:40 PM
Dude... really? C'mon. One could easily argue that relying on an intermediate to interpret the bill as hearsay.

Wrong!  They(Heritage, CATO and CRS) quote the language which is NOT the act hearsay but of providing the reader documented text...something your friend could not do.

And You lose again. 
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: NHSparky on November 03, 2009, 01:16:59 PM
Good Christ, it's as if he shouts something at the top of his lungs, and when someone dares to question him, he sticks his fingers in his ears and goes, "LALALALALALA!!!!"
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: bkg on November 03, 2009, 01:18:38 PM
Technically/lawfully it IS a mandate because it prescribes by law what you must do or pay a penalty that heretofore did not exist.  There is a reason why the bill's language says MANDATE, why Heritage, CATO and the Congressional Research Services Org all call it a mandate...that's because it is a mandate.  Pelosi calls it a mandate...it's her bill.  Gee...you  lose.


I understand your point, but you're missing mine. You said the court would dismiss as unconstitutional because it forces people into a contract for health insurance. If that were the case, I would agree. But it doesn't "force" - it just manipulates the situation in such a way that makes it incredibly painful if you choose to not participate. The fact that they give you a choice is what is going to get them through the courts.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: NHSparky on November 03, 2009, 01:21:03 PM
It's much like mandatory car insurance.  Sure, you can drive without it, but God help you in most states if you're without it.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 03, 2009, 01:29:02 PM
The balance of my post which you quoted but did not respond to contains my answer.

First, yours was an insult that I responded to. Second, I addressed your failure to follow the thread before criticizing me.  You stupidly we thought Kbg and I were debating the SCOTUS issue when, in fact, we were debating the "mandate" issue...read much?

Quote
By what measure do you imagine yourself competent to come to this forum, insult its veteran members

Ha,ha,ha,ha,ha...I am more than competent for this forum.  I am the only one posting facts and links, unlike you and your fellow whatevers.  Do show me your links, facts or those of your fellow whatevers in this thread???  Just hot gas, nothing more.  And I only insult AFTER being insulted...count on it.    

Quote
I'm watching both sides of the debate in this thread and while neither of you is wrong on merits you singularly are the biggest puss-tard this side of the internet.

First, I am 100% correct on the merits and I (and only I) have proved that with links and facts.  You guys have ZERO on that point.  Further, kdg has been ripped so badly on the mandate issue that he is now just blathering...scared to death I'll bring the websters definition of mandate and finish him off.

Quote
And lay off the ******* exclamation points, Francis.

Don't even try to dicatate my syntax or graphics...sounds awfully facist don't you think?!!!!!!!!!!???????????  What's next...don't use the color blue???

Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: docstew on November 03, 2009, 01:32:32 PM
I don't have to!  The Heritage Foundation and Cato Inst have done that for me. I provided the link...oh yeah..you don't read links, right?

wouldn't that qualify as hearsay, since someone else is telling you what's in it?

by your standards, hearsay doesn't work in this forum, so you better go read the bill yourself.  see ya in a month.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 03, 2009, 01:39:54 PM
I understand your point, but you're missing mine.

Wrong!  I have addressed your point repeatedly throughout this thread using linked FACTS and the WORKING DEFINITION of what a mandate is.  You think because there is an "option"...that in some weird way eliminates the mandate aspect.  IT DOES NOT!  WHY? Because where there was no force of law requirement in existence, there will now be one and THAT IS THE MANDATE!  Where 29 million americans could freely (without any penalty) refuse to purchase healthcare, they must now buy healthcare or be fined...THAT IS THE MANDATE.  The optional feature of YOU must be on Obamacare or pay a penalty is irrelevant to the mandate.  

Quote
The fact that they give you a choice is what is going to get them through the courts.

WRONG!  Read it again!  The issue that will take Obamacare before the court is forced purchase of healthcare...did you even bother to READ the link???
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: Chump on November 03, 2009, 01:44:47 PM
WRONG!  Read it again!  The issue that will take Obamacare before the court is forced purchase of healthcare...did you even bother to READ the link???

Yes, precisely.  And what would get it through review has been highlighted over and over ad nauseam.  You even responded to it:

The fact that they give you a choice is what is going to get them through the courts.

No one here is saying, "Wow what a fair choice.  This is totally Constitutional."  We're saying that will be the argument presented by Obamacare supporters.

If you'd stop your raging lunacy you might see that we're at least partially in agreement.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: thundley4 on November 03, 2009, 01:45:47 PM
Quote
WRONG!  Read it again!  The issue that will take Obamacare before the court is forced purchase of healthcare...did you even bother to READ the link???


OR

It may very well go before the USSC, but that little word OR will give them all wiggle room they need to say that it passes Constitutional muster.  Some might argue about it falling under the commerce clause also.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: SSG Snuggle Bunny on November 03, 2009, 01:47:54 PM
POINT: Here in Colorado we have a STATE CONSTITUTIONAL amendment that says the government cannot raise taxes without a referendum. A fat lot of good that did us...now they just jack-up fees for license plates etc whenever they want more money.

Regardless of whatever Orwellian BS the liberals will try they will, if pressed into a court, declare it is not a  mandate because you can choose to not purchase insurance...you'll just pay more taxes as opposed to a criminal penalty. A direct criminal penalty would make it too obvious so they go with taxes as the punishment that isn't a punishment because such things would never pass constitutional or electoral muster. Even if you refuse to pay the taxes you won't be prosecuted for refusing healthcare insurance but simply for tax evasion.

The word isn't nearly as big an issue as the fact liberals will say whatever they need to say to get what they want. The issue isn't semantics but how they intend to skirt the constitution.

No one here is saying, "Wow what a fair choice.  This is totally Constitutional."  We're saying that will be the argument presented by Obamacare supporters.

If you'd stop your raging lunacy you might see that we're at least partially in agreement.

What he said.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: vesta111 on November 03, 2009, 04:14:33 PM
It's much like mandatory car insurance.  Sure, you can drive without it, but God help you in most states if you're without it.

Lots of us have to buy mandatory insurance.

For instance, if I do not pay my home owners insurance the bank I owe will foreclose or demand I pay the note in full with in 60 days.  No one forced me to buy my home or to agree to the banks regulations.

If I were to move to down town Boston I could take public transportation and sell my car, it is my choice to own a car but I must have insurance to drive it

This health insurance thing gives people no choice. 

They say for now at least, that we can keep what ever insurance plan we want for a number of years until we are mandated to switch over to the Federal Plan.

So if one is 23 today and gets a good job with health benefits they can afford, when they hit 33 then they are at the Mersey of the government as to what they will pay, who you will have treat you and what tests you are allowed.

Who will be exempt from this law, the Ghetto folk who get State aid, the illegals, believe me there will be exemptions built in that everyone will miss for a couple of years.
 
That 2,000 page monstrosity had hundreds to pages of rules and regulations that we will no know about until the Government decides to pull them out of the middle of the pile and announce---BUT-BUT, its the LAW.

This issue is so confusing to everyone, how anyone thinks the average man on the street is going to give up his Friday night of Bowling to spend the weekend with that thing in their lap, a coppie the the Constitution in right hand and a dictionary in the left is NUTS.

BTW, please keep it up DL, everytime you are corrected for a mistake by the old timers
who respond to you, I am getting an education.  Oh and I can read you DL, when you begin to show disrespect for your elders that is worthy of a gutter snipe, then I know for sure you are wrong.

BBTW-------You have said your dad is a Lawyer.?     When does he get out and how many years has he been in the joint. If I had a foul mouth kid like you and I was a lawyer I would have divorced your mother years ago. :hammer:
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: Chris_ on November 03, 2009, 04:23:48 PM
Damn Vesta, every time I read a couple of posts of yours, and start to think maybe you're sloughing on your meds a bit, you pull a post like this - clear, relatively concise, articulate and to the point - and you throw me right back to square one with regards to figuring you out.

You're doing this to me intentionally, aren't you?  :cheersmate:

I'd Hi5 you, if the button were still here.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: vesta111 on November 03, 2009, 05:21:04 PM
Damn Vesta, every time I read a couple of posts of yours, and start to think maybe you're sloughing on your meds a bit, you pull a post like this - clear, relatively concise, articulate and to the point - and you throw me right back to square one with regards to figuring you out.

You're doing this to me intentionally, aren't you?  :cheersmate:

I'd Hi5 you, if the button were still here.

Darn I am in fact slipping to go so far out of charactor. :cheersmate:
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: bkg on November 03, 2009, 05:37:43 PM
 The optional feature of YOU must be on Obamacare or pay a penalty is irrelevant to the mandate.  

I should have ordered Beck's book before attempting to discuss anything you.  :whatever:
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 04, 2009, 09:59:56 AM
Good Christ, it's as if he shouts something at the top of his lungs, and when someone dares to question him, he sticks his fingers in his ears and goes, "LALALALALALA!!!!"

Has nothing to do with questioning!  Kgb does not understand the word "mandate" and thus is trying to bastardize it.  It is that simple.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 04, 2009, 10:11:45 AM
I should have ordered Beck's book before attempting to discuss anything you.  :whatever:

No...what you should have done is look up the word "mandate" to understand its correct meaning and correct usage.  Here, educate yourself:

 http://dictionary.reference.com/browse/mandate

You will find nowhere in any dictionary a subset definition for "mandate" that has anything to do with "options" or "choices."  For days now, you have made a complete fool out of yourself trying to spin the meaning of "mandate" into something it is not, and you did this in the face of hardcore professional analysis I brought to this site from The Heritage Foundation, Cato Institute, CRS.  And, of course, let's not forget the teams of high priced constitutional lawyers who wrote the bill and also defined it as a mandate.

When you lose you lose BIG.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: SSG Snuggle Bunny on November 04, 2009, 10:15:11 AM
No...what you should have done is look up the word "mandate" to understand its correct meaning and correct usage.  Here, educate yourself:

 http://dictionary.reference.com/browse/mandate

You will find nowhere in any dictionary a subset definition for "mandate" that has anything to do with "options" or "choices."  For days now, you have made a complete fool out of yourself trying to spin the meaning of "mandate" into something it is not, and you did this in the face of hardcore professional analysis I brought to this site from The Heritage Foundation, Cato Institute, CRS.  And, of course, let's not forget the teams of high priced constitutional lawyers who wrote the bill and also defined it as a mandate.

When you lose you lose BIG.
And what will YOUR definition of mandate say when the liberals tell you that THEY are NOT mandating because they give you the choice of paying the opt-out tax?
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 04, 2009, 10:21:39 AM
wouldn't that qualify as hearsay, since someone else is telling you what's in it?

by your standards, hearsay doesn't work in this forum, so you better go read the bill yourself.  see ya in a month.

First we have kdg demonstrating that he doesn't have a clue what the word "mandate" means(see my post with proper definition) and now this poster demonstrating that he doesn't have a clue what "hearsay" means.  What the hell is going on around here???

Below is the proper definition of hearsay and some examples of proper usage.  You will note that it means...RUMOR, GOSSIP, SCUTTLEBUTT or unverified info passed from one person to another.  Hence, my using Heritage Foundation analysis done by professionals quoting language from the bill is NOT an example of hearsay.

 http://www.thefreedictionary.com/hearsay

Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 04, 2009, 10:31:10 AM
And what will YOUR definition of mandate say when the liberals tell you that THEY are NOT mandating because they give you the choice of paying the opt-out tax?

First, it is not my definition...comes from the dictionary. Second, leftists lying & spinning about the mandate is to be expected and rejected.  They have lied about virtually every aspect of Obamacare...what's knew? 

The 29 million americans who can afford private healthcare but, for whatever reasons chose not to purchase it, are going to be royally pissed when they learn that they are "mandated" TO purchase insurance or be hit with a surtax penalty that will increase over time.

The mandate is to buy insurance or else!   
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: bkg on November 04, 2009, 10:31:57 AM
And what will YOUR definition of mandate say when the liberals tell you that THEY are NOT mandating because they give you the choice of paying the opt-out tax?

You can lead a horse to water... but you can't fix stupid.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: SSG Snuggle Bunny on November 04, 2009, 10:36:45 AM
First, it is not my definition...comes from the dictionary. Second, leftists lying & spinning about the mandate is to be expected and rejected.  They have lied about virtually every aspect of Obamacare...what's knew? 

The 29 million americans who can afford private healthcare but, for whatever reasons chose not to purchase it, are going to be royally pissed when they learn that they are "mandated" TO purchase insurance or be hit with a surtax penalty that will increase over time.

The mandate is to buy insurance or else!   
You can reject it all you want to...but that is the argument they're going to take to court when their "mandate" gets challenged...and they'll only one court ruling away from stare decisis. Your rejecting the argument out of hand does nothing to counter their position it merely betrays a poverty of thought.

The issue is: how do we make sure the law never gets enacted in the first place (and by "we" I do not include you, only myself and fellow conservatives who are capable of cogent thought and rational response)?
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 04, 2009, 11:16:41 AM
and they'll only one court ruling away from stare decisis.

Assuming you even know what stare decisis even means do tell me which precedent you're talking about???

Quote
Your rejecting the argument out of hand does nothing to counter their position it merely betrays a poverty of thought.

Show where I rejected the "argument"????  I said that their attempt to lie and spin that point is to be expected!  In what world is that me rejecting the argument?

Quote
The issue is: how do we make sure the law never gets enacted in the first place (and by "we" I do not include you, only myself and fellow conservatives who are capable of cogent thought and rational response)?

Well, first you're an embarassment to conservatism so I am proud to be rudely excluded from your group. Second, check your 9th grade civics book to learn how a bill becomes a law and then you will be able to answer your own question preventing this bill from being enacted.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: Thor on November 04, 2009, 11:21:44 AM
OK, ALL of Y'all need to knock off the insults being tossed back and forth. That is NOT a suggestion !!!!
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: DumbAss Tanker on November 04, 2009, 11:24:10 AM
OK, ALL of Y'all need to knock off the insults being tossed back and forth. That is NOT a suggestion !!!!

Concur.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: Chump on November 04, 2009, 11:24:37 AM
Show where I rejected the "argument"????  I said that their attempt to lie and spin that point is to be expected!  In what world is that me rejecting the argument?

Actually, you said:

Second, leftists lying & spinning about the mandate is to be expected and rejected.

Since you didn't immediately offer your counter-argument, this statement amounts to rejecting it out-of-hand.

Sheesh, if you can't even remember what you just typed a few posts ago, how do you expect to have a calm, rational discussion about anything?
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: SSG Snuggle Bunny on November 04, 2009, 11:26:28 AM
Assuming you even know what stare decisis even means do tell me which precedent you're talking about???
The one that will be set when someone sues over the "mandate" and some liberal judge accepts the liberal argument as to how it isn't a manafdate because you can pay a tax to opt-out.

I was speaking in future-tense. If you need to look-up what future-tense means I'll wait. Hopefully you left your search browser open from when you were looking-up stare decisis.

Quote
Show where I rejected the "argument"????  I said that their attempt to lie and spin that point is to be expected!  In what world is that me rejecting the argument?

The part where you wrote, "leftists lying & spinning about the mandate is to be expected and rejected" without saying WHY it should be rejected.

Quote
Well, first you're an embarassment to conservatism so I am proud to be rudely excluded from your group. Second, check your 9th grade civics book to learn how a bill becomes a law and then you will be able to answer your own question preventing this bill from being enacted.
And you shall be a movement all to yourself. One big movement.

And we deserve a courtesy flush.


OK, ALL of Y'all need to knock off the insults being tossed back and forth. That is NOT a suggestion !!!!
He started it.

*pouts*
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: NHSparky on November 04, 2009, 11:26:38 AM
Dude, take your toys and go home already.  It's not as if you're held here against your will.  Log out, delete, tell your mom you're going to the store for more Cheetos.  It's okay.

Oh, and you are aware that the SCOTUS has reversed itself something like 140-150 times over the past 60 years, right?  Would you like a few examples?

How's about:

Texas vs. Johnson

Brown vs. Board of Education

And of course, a few more can be found HERE. (http://conservapedia.com/Stare_decisis)

Or the fact that our own Chief Justice, John Roberts, would likely rule to uphold Roe vs. Wade because of it?  
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: Chris_ on November 04, 2009, 11:27:58 AM
(http://alanisgood.com/wp-content/uploads/2009/07/do_not_feed_trolls.jpg)
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 04, 2009, 11:41:30 AM
OK, ALL of Y'all need to knock off the insults being tossed back and forth. That is NOT a suggestion !!!!

Works for me...been trying to discuss the issue for two days now.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 04, 2009, 11:48:16 AM
Actually, you said:

Since you didn't immediately offer your counter-argument, this statement amounts to rejecting it out-of-hand.

Better read it again:

"Second, leftists lying & spinning about the mandate is to be expected and rejected."

I was clearly not talking about rejecting the legal basis for their argument, I was talking in generic terms about how the left always lies and spins virtually everything and thus this absrud spin should be rejected as well.  I'll let you know when I am talking about legal standing and precedents, etc.

Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: SSG Snuggle Bunny on November 04, 2009, 11:50:12 AM
Better read it again:

"Second, leftists lying & spinning about the mandate is to be expected and rejected."

I was clearly not talking about rejecting the legal basis for their argument, I was talking in generic terms about how the left always lies and spins virtually everything and thus this absrud spin should be rejected as well.  I'll let you know when I am talking about legal standing and precedents, etc.


Then what is your response to the inevitable liberal claim that their mandate is not a mandate because they gave you the choice to pay an opt-out tax?

That's the point we've been trying to get answered for 2 days.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: Chump on November 04, 2009, 11:53:44 AM
Better read it again:

"Second, leftists lying & spinning about the mandate is to be expected and rejected."

I was clearly not talking about rejecting the legal basis for their argument, I was talking in generic terms about how the left always lies and spins virtually everything and thus this absrud spin should be rejected as well.  I'll let you know when I am talking about legal standing and precedents, etc.



Oh ok.  In the future I'll make sure that instead of reading what you write, I'll try to crawl in your head and extrapolate what you actually meant to write based on some scenario you're imagining in your head.  My deepest apologies.   ::)
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 04, 2009, 11:55:33 AM
The one that will be set when someone sues over the "mandate" and some liberal judge accepts the liberal argument as to how it isn't a manafdate because you can pay a tax to opt-out.

YOU claimed above this issue which hasn't even been given "legal standing" is one step away from stare decisis.  Stare decisis means the doctrine of "precedent." Since it is your claim that it is one step away from stare decisis do share with us which precedent you're talking about?  Your turn.

Quote
The part where you wrote, "leftists lying & spinning about the mandate is to be expected and rejected" without saying WHY it should be rejected.

Already covered that in another post.

Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 04, 2009, 12:01:13 PM
Dude, take your toys and go home already.  It's not as if you're held here against your will.  Log out, delete, tell your mom you're going to the store for more Cheetos.  It's okay.

Why don't you grow the hell up?!

Quote
Oh, and you are aware that the SCOTUS has reversed itself something like 140-150 times over the past 60 years, right?

Never happened!  SCOTUS never reversed 140 to 150 times.  You enjoy making sh*t up?

Quote
Would you like a few examples?

How's about:

Texas vs. Johnson

Brown vs. Board of Education

Ha,ha,ha,ha,ha...SCOTUS reversed on Brown?..ha,ha,ha,ha,ha,ha. Of course none of your cites have anything to do with the mandate issue.

Quote
Or the fact that our own Chief Justice, John Roberts, would likely rule to uphold Roe vs. Wade because of it?  

Actually Roe v Wade was almost overturned by SCOTUS in 2005.  Didn't know that did you?  Know which justice saved it at the last moment???   
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: SSG Snuggle Bunny on November 04, 2009, 12:13:20 PM
Oh ok.  In the future I'll make sure that instead of reading what you write, I'll try to crawl in your head and extrapolate what you actually meant to write based on some scenario you're imagining in your head.  My deepest apologies.   ::)

 :o

No! Don't go in there! It's full of angry kittens with "Vote for Ron Paul" buttons.

 :o

YOU claimed above this issue which hasn't even been given "legal standing" is one step away from stare decisis.  Stare decisis means the doctrine of "precedent." Since it is your claim that it is one step away from stare decisis do share with us which precedent you're talking about?  Your turn.

I know what stare decisis means. Calm down long enough to pay attention.

If this law passes and it gets challenged there is a very strong likelihood that a judge could rule the "opt-out tax" (as I term the perceived liberal rebuttal to the challenge) doesn't make it a mandate. Once that ruling comes in the precedent has been set and that makes repeal of this...or any other asinine liberal "mandate" sure to follow...all the more difficult.

That is what I meant, that is what I wrote.

Quote
Already covered that in another post.

All we can find is you saying it's to be rejected with no reasoning as to why.

We still want to know what your reply would be to the liberal double-speak argument that the opt-out tax keeps the "mandate" from becoming a "mandate".
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 04, 2009, 01:17:46 PM
Oh ok.  In the future I'll make sure that instead of reading what you write

You did not do that..."read what I wrote"!   Mine was a generic statement that said nothing about litigation or SCOTUS. That YOU elected put that interpretation on it is not my problem.  Next time frame it as a question and then I'll let you know if you have it right...assume nothing.

Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: Chris_ on November 04, 2009, 01:20:52 PM
Damn, I'm so happy there's an <IGNORE> button here.

Ahhhhhhh, blessed silence.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: Chump on November 04, 2009, 01:22:35 PM
Damn, I'm so happy there's an <IGNORE> button here.

Ahhhhhhh, blessed silence.

 :cheersmate:
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 04, 2009, 01:34:39 PM

I know what stare decisis means. Calm down long enough to pay attention.

Your above statements ,as written, show that you do not know what stare decisis means.  That's why I defined it for you.

Quote
If this law passes and it gets challenged there is a very strong likelihood that a judge could rule the "opt-out tax" (as I term the perceived liberal rebuttal to the challenge) doesn't make it a mandate. Once that ruling comes in the precedent has been set and that makes repeal of this...or any other asinine liberal "mandate" sure to follow...all the more difficult.

That works!  To undo it would take a reversal or congress to pass law overruling such a decision.  If we had a proper congress, it would move under Art III and prevent the supreme court from ever hearing the case in the frist place.  Congress retains the jurisdictional scope for SCOTUS under Art III...in short...it can tell SCOTUS what cases in can and cannot hear.

Quote
All we can find is you saying it's to be rejected with no reasoning as to why.

As I said, that was a generic statement(not talking about litigation) where I simply noted that the lefties lie and spin to bastardize language and concepts.

Quote
We still want to know what your reply would be to the liberal double-speak argument that the opt-out tax keeps the "mandate" from becoming a "mandate".

The counterpoint to the lefties spin will be (1) feds unconstitutionally forcing americans for the first time to buy a product millions don't want and then economically penalizing them if they refuse.  This will involve legal rangling over the Commerce Clause as well as the 10th and 14th amendments.  Does this answer your question?
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 04, 2009, 01:36:45 PM
Damn, I'm so happy there's an <IGNORE> button here.

Ahhhhhhh, blessed silence.

So why don't you use IT?  
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: SSG Snuggle Bunny on November 04, 2009, 01:51:29 PM
The counterpoint to the lefties spin will be (1) feds unconstitutionally forcing americans for the first time to buy a product millions don't want and then economically penalizing them if they refuse.  This will involve legal rangling over the Commerce Clause as well as the 10th and 14th amendments.  Does this answer your question?
Actually no and I'm not saying that to be a dick. Yes, I am a dick but not in this instance.

Your answer would be exactly the basis of the challenge against the mandate. We've already pre-supposed your response. The response I and bkg offered was the repsonse.

In my first post to the OP I noted that here in Colorado the government is constitutionally forbidden to raises taxes unless they hold a state-wide referendum. The shit-tards got around that by raising fees whenever they want to.

Therefore, since I and others wholly expect the liberals to deny that their mandate is a mandate I expect them to claim the opt-out fee/tax is NOT a legal penalty and that any legal penalty imposed isn't for failing to accept a mandate--which they will stridently refuse to call a mandate--but is a legal penalty for paying a duly imposed tax.

It would be nice to think the 10th and 14th are our safeguards but after decades of Roe v Wade, Dred Scott, Brown vs Board of Education, Lawrence v Texas etc one should never underestimate the power of moral reletavists to bastardize language to their advantage.

Jesus saves by grace because the devil already has all the best lawyers.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: deportliberals on November 04, 2009, 02:19:24 PM
Your answer would be exactly the basis of the challenge against the mandate. We've already pre-supposed your response.

Pre-suppose my response?  I brought the Op-ed as my response.  It clearly laid out the details, noted the legal issues and then broached the legal aspects.     

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In my first post to the OP I noted that here in Colorado the government is constitutionally forbidden to raises taxes unless they hold a state-wide referendum. The shit-tards got around that by raising fees whenever they want to.

I saw that ,as I said, but it had no application to the "private mandate" as written in HR 3200.

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Therefore, since I and others wholly expect the liberals to deny that their mandate is a mandate I expect them to claim the opt-out fee/tax is NOT a legal penalty

As written it is defined as a "surtax" but it is "punitive" and because it is punitive that is what will make it difficult to defend in court.  So, we have a first time ever situation where the feds are (1) forcing americans to buy a product all the major polls say they don't want and (2) penalizing them if they don't. 
 
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t would be nice to think the 10th and 14th are our safeguards but after decades of Roe v Wade, Dred Scott, Brown vs Board of Education, Lawrence v Texas etc one should never underestimate the power of moral reletavists to bastardize language to their advantage.

True! Those decisions are terrible bastardizations of the constitution.  Further, they denied the american people their rightful say via their representatives on such matters.  However, as I pointed out, unknown to many, Roe v Wade was almost  overturned in 2005 but Anthony Kennedy backed out at the last minute and made it a 5 to 4 split decision.

I hoping for the Roberts court to refuse jurisdiction on some of the upcoming leftie whines thus forcing the issue back to the legislature where they have a rough time getting their amoral bastardizations put into law.

Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: SSG Snuggle Bunny on November 04, 2009, 02:37:58 PM
Pre-suppose my response?  I brought the Op-ed as my response.  It clearly laid out the details, noted the legal issues and then broached the legal aspects.
Either way... bkg and I accept your contention and offered our response in the voice of double-plus good lib-speak.

There is another thread in this sub-forum about how people are being charged a fee for stormwater run-off. It was noted that in addition to this fee that is charged to homeowners the developer already paid a fee for the exact same issue so the gov't is double-dipping and worse you aren't allowed to cistern the water that you have to pay a fee for if it becomes runoff. In other words: they are quite capable of tremendous amounts of legal contortionism to secure their agendas. They will use this contortion to argue there is no mandate, merely a legal fee--aking to the fees charges for your homes impact on rainwater runoff--that requires you to pay for your impact on the health system. No legal penalty, just a fee. Kinda like when they charge you fees for airport security. Don't like it? Don't fly.

Ergo, to claim the mandate is not a mandate because you can pay to opt out is a scary, highly-probable legalist mechanism to skirt the constitution.

What frightens me all the more is that if the libs squeeze this turd past some asshole judge they can claim stare decisis and unleash an unholy torrent of mandates-that-are-not-mandates.

I think it's wrong constitutionally, ethically and even pragmatically (if the gov't actually could hand out free shit would we really complain?...we hate socialism because it has a 100% failure rate). Alas, where we think the meddling should end is where the disconnect with gov't begins. "Consent of the governed" is in pretty poor repair these days.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: bkg on November 04, 2009, 03:09:56 PM
Either way... bkg and I accept your contention and offered our response in the voice of double-plus good lib-speak.

<snip>

I think it's wrong constitutionally, ethically and even pragmatically (if the gov't actually could hand out free shit would we really complain?...we hate socialism because it has a 100% failure rate). Alas, where we think the meddling should end is where the disconnect with gov't begins. "Consent of the governed" is in pretty poor repair these days.

I've given up, dude. You and I fully understand the situation, but Mr. Ego simply can't, or chooses not, to grasp the fact that the Libs and Lawyers don't give a crap about his or a dictionaries definition of mandate. Since SCOTUS has upheld Congress's ability to tax-at-will, I see a very narrow, but solid line for COngress to get this through SCOTUS and deamed Constitutional. The opt-out is really all they needed. The taxation aspect of that opt-out will be deemed Constitutional. It makes no difference whe you, I or Mr. Ego think about it.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: NHSparky on November 04, 2009, 04:13:05 PM
Your above statements ,as written, show that you do not know what stare decisis means.  That's why I defined it for you.

And it's pretty obvious that you haven't the foggiest of what it means either, junior.  Now back inside before I decide to play Whack-a-Troll with ya.
Title: Re: Forcing Americans To Buy Insurance Will Not Survive Court Challenge
Post by: NHSparky on November 04, 2009, 04:15:13 PM
So why don't you use IT?  

Because you're a ****ing train wreck, and as much as we want to turn away and ignore the carnage and bloodshed, the curiosity factor is just too compelling.  Frankly, it's amazing how someone as stupid and obtuse as you manages to find time to post in between job hunts, considering you probably piss everyone off at any position you take within about the first 12 minutes.