None of the Above
Rick Vandeven - Libertarian For US Representative (MO-8)

The ACA Is Constitutional!

Posted Thursday, June 28, 2012, at 6:03 PM


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  • Wrong.

    There is no income here to be taxed. ACA is unconstitutional because the government has no authority under the enumerated powers to be in the health care business to begin with.

    -- Posted by Audit The Fed on Thu, Jun 28, 2012, at 6:30 PM
  • Income is the only thing that can be taxed in this case. It is not an excise or tariff. The 16th has been used as justification for Social Security and Medicare taxes too. Are those programs unconstitutional?

    No. Everything is constitutional.

    -- Posted by Lumpy on Thu, Jun 28, 2012, at 8:55 PM
  • What do you think about the "tax" as a punishment for not doing something? Would that make it a Bill of Attainder---a punishment without a trial, which is prohibited in Article I, Section 9?

    -- Posted by Givemeliberty on Thu, Jun 28, 2012, at 9:25 PM
  • Givemeliberty,

    I remember some constitutional scholars citing Article I, Section 9 before this case was presented to the lower courts. I don't believe that the case would have made it out of the lower courts if Bill of Attainder was used.

    We need to stop pretending that the myth of seperation of powers exists. When is the last time the SCOTUS overturned federal law? The SCOTUS is an agent of the State, no different from the Executive or the Legislative branches. Agents of the State exist only to preserve the institutions of the State. As a result everything is constitutional.

    -- Posted by Rick Vandeven on Fri, Jun 29, 2012, at 9:38 AM