Rick Vandeven - Libertarian For US Representative (MO-8)

I was born in Cape Girardeau, Mo., in 1972, and grew up in the Chaffee area where I still reside with my lovely wife and three beautiful and talented daughters. I have been employed in the paper industry for the past 14 years and am a member of St. Ambrose Catholic Church. In my spare time I support my local parochial school, listen to and perform music, and read. This is my second run for U.S. Congress as the Libertarian Party candidate. In 2010 I was endorsed by the Boston Tea Party and received an "A" rating from the Gun Owners of America. Since my last campaign I supported the opposition to the smoking ban in Cape Girardeau, gathered signatures for the Show-Me Cannabis initiative, was elected to the Missouri State Libertarian Party Executive Committee, and recently won the Champion of Freedom Award. I hope that my candidacy helps to advance the cause of individual liberty. I welcome your questions and comments. Thank you for reading!

The ACA Is Constitutional!

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

Today in a 5-4 decision, the Supreme Court of the United States upheld the provision in the Affordable Care Act that forces individuals to either purchase health insurance, or pay a tax. In the text of the legislation that will forever be referred to as "Obamacare", the tax is actually referred to as a "penalty". Congress, naively believing that Americans still disapprove of new taxes, did not want to provide any extra ammunition for the anti-Obamacare crusaders. After this sleight of hand, the only other language that Congress had to ensure was included in the ACA was that which doled out favors to their friends in the pharmaceutical, insurance, and medical industries.

I agree with the majority of the SCOTUS that the ACA is constitutional due to the Sixteenth Amendment which reads...

"The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration."

I don't have anything to add except for this: if you really want to repeal Obamacare, and make sure that Romneycare isn't passed into law by a possible future Republican majority Congress, strike the root and work to repeal the Sixteenth Amendment. Otherwise everything is constitutional.

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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

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