Time For Americans To Dust Off Their Guns « Pat Dollard
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Labels: ObamaCare, supreme court
The New York Times confirmed Friday that in preparation for defending constitutionality of the Obamacare individual mandate in court, an Obama Justice Department legal brief argues that the penalty used to enforce the mandate is “a valid exercise” of Congress’s power to impose taxes. Mr. Obama’s own Justice Department further repudiates the President’s earlier statement by noting that the penalty is imposed and collected under the Internal Revenue Code, people must report it on their tax returns, and that the Congressional Budget Office estimates that it will cost Americans $4 billion a year. Yale Law School professor Jack Balkin told a meeting of progressive activists last month that President Obama “has not been honest with the American people about the nature of this bill. This bill is a tax.”Its a Dessert Topping, Its a Floor Wax, Its A Fine, Its NOT a Tax
The fact that the Obama administration and their allies are now admitting the individual mandate is a tax betrays their very real fear that the Supreme Court could find Obamacare’s individual mandate unconstitutional. In the bill itself, Congress identified the Commerce Clause as the source of their authority to force all Americans to buy health insurance. But as our legal team has made imminently clear, the mandate does not purport to regulate or prohibit commerce of any kind. To the contrary, it purports to “regulate”—and penalize—inactivity. If the Supreme Court allows the Obamacare individual mandate to stand, then Congress could do anything it wanted. They could: require us to buy a new Chevy Impala each year to support the government-supported auto industry; require us to buy war bonds to pay for the Iraq and Afghan wars; or force us to eat our vegetables.
This is so important that the federal district judge in Florida, in Thursday's preliminary ruling in the second case, spent 22 pages analyzing it. If the fine is a penalty rather than a tax, Congress' power is far less extensive.--The Washington Times
Judge Roger Vinson noted Congress repeatedly called the fine a 'penalty,' explicitly changing its description from a 'tax' that earlier versions of the bill assessed by name. Citing Alice's admonition to Humpty Dumpty that words can't 'mean so many different things' as Humpty intended, Judge Vinson concluded, 'Congress should not be permitted to secure and cast politically difficult votes on controversial legislation by deliberately calling something one thing ... [only to] argue in court that Congress really meant something else entirely.'
Judge Vinson explained that no matter what Congress called it, the assessment was designed to act as a punishment, not a revenue measure. Hence, it's not a tax.
His 22-page analysis is an exposition of the logic that if something is called a duck, acts like a duck and quacks like a duck, it's a duck -- and the same goes for a penalty. The tax issue is vital because it's the Obama administration's fallback position if it loses on the first and biggest dispute, which is whether Congress has the power under the Commerce Clause not only to regulate commerce, but to force individuals to engage in specific commerce."
Labels: congress weasels, ObamaCare, supreme court
Recent statements by senior Israeli military officials prompted U.S. concerns over an Israeli strike on Syria.
Senior officials in Israel told the newspaper Yedioth Ahronoth that if Syria’s army gave chemical weapons to Hezbollah or other terrorists an Israeli attack would be needed.
The newspaper reported May 31 that Israel failed to prevent Syria’s transfer of M-600 rockets to Hezbollah and the weapons can now threaten central Israel. One military source was quoted as saying that mistake would not be repeated.
Israeli Maj. Gen. Yair Golan, commander of forces deployed on the Syrian and Lebanese front, was quoted in press reports expressing concerns about Syria being used as “a warehouse for war materiel that feeds terrorist elements in the region.”
Golan also said there were reports that al Qaeda terrorists are working against the regime in Damascus and those terrorists eventually would target Israel, perhaps in the coming months.
Labels: humor
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Labels: Navy
Labels: US Army
...there are several outcomes that will carry the legal force of a tsunami and could change parts of the constitutional landscape for decades to come.
The four issues before the Court in NFIB v. Sebelius are:
1. Whether the Anti-Injunction Act (AIA) regards the individual mandate as a tax, and as such federal courts lack jurisdiction to decide this case until the individual mandate goes into effect in 2014.
2. Whether Obamacare’s requirement that individual Americans must purchase and maintain federally-approved forms of health insurance starting in 2014—the infamous individual mandate in Section 1501—exceeds Congress’ powers under the Commerce Clause, Taxing Clause, and/or Necessary and Proper Clause of the Constitution.
3. Whether Obamacare’s massive Medicaid expansion that requires states to pay part of the cost and could penalize any state that refuses to go along with these requirements by stripping all Medicaid funds from that state, found in Section 2001, exceeds Congress’ power under the Spending Clause of the Constitution, thereby violating state sovereignty under the Tenth Amendment.
4. If either the individual mandate (or the Medicaid expansion) is struck down, whether it can be “severed” from the rest of the 2,700-page Obamacare statute, and if not, whether the invalid section can be partially severed to save most of Obamacare, or whether it is “nonseverable,” meaning the entire statute must be struck down completely.
This, in short, is why Jeb Bush was never a beloved candidate of the Republican base – he participates in the same “civility” nonsense that the rest of the mainstream DC actors do. He seems to think that strenuous political criticism harms the political discourse rather than being precisely what the founding fathers intended. He thinks all politics should be steak dinners and wine while discussing vagaries of health care policy. Bipartisanship isn’t the point of politics. Protecting constitutional values is.
Late last year, South Florida radio talk show host Joyce Kaufman told her listeners she got an absentee ballot in the mail for her mother who had passed away in 2010. Kaufman recounted how she’d contacted the office of the Broward County Supervisor of Elections and submitted the appropriate paperwork for her mother to be removed from the voter rolls. But she wasn’t, and the absentee ballot came in the mail months later, addressed to someone who wasn’t around anymore to vote.
When she came back from the next commercial break, she said a mailman had called to say he’d just delivered 10 absentee ballots to the same home--all of them addressed to people he’d never heard of.
The president is not vested with the authority asserted in Executive Order 13563, which locks us into a worldwide regulatory system and thereby gives up a huge slice of U.S. economic and environmental sovereignty. The proclaimed purpose is to globally harmonize regulations on environmental, trade and even legislative processes.Read the rest Mrs. Schafly's column here
This executive order is larded with globalist gobbledygook about the obligation of our regulatory system to "protect public health, welfare, safety and our environment while promoting economic growth, innovation, competitiveness, and job creation." Those pie-in-the-sky goodies are designed to benefit "an increasingly global economy," rather than the United States.
Labels: death threats, racist asshats, union thugs, violent moonbats, wisconsin
The coal industry is hitting back against attacks on Republican presidential candidate Mitt Romney, who highlighted the Obama administration’s energy policies during a campaign stop in Colorado. Those policies, he said, are hostile toward coal.Read more:
A video released Friday by America’s Power, a coal industry-funded advocacy group, focused on the towns of Nucla and Naturita, Colo., where proposed regulations from the Environmental Protection Agency threaten to close a coal mine and a coal plant. The regulations cover mercury emissions and other pollutant standards.
If the EPA’s proposed rules were passed, the plants would be unable to afford the upgrades necessary to continue operation, leaving what one local business owner called “a ghost town.”
“If you wipe out those 150 jobs, when you’ve only got a town of 600 people, you’re going to have a ghost town and that’s going be all there is to it,” Apothecary Shoppe owner Don A. Colcord said in the video.
Back in September, as part of the American Jobs Act, the President called for providing a $4,000 tax credit for businesses that hire the long-term unemployed—a similar approach to what Romney suggested Thursday night. Yet Republicans in Congress blocked this tax credit, along with the broader package the President put forward to help workers get back on the job, at every turn.
There are two main lies in this paragraph. The first is the lie that Republicans blocked the tax credit. Not true. Mitch McConnell offered the entire American Jobs Act as an amendment in the Senate and Harry Reid blocked it.
Senator McConnell attempted to put the president’s jobs plan to a vote by offering it as an amendment to a bill dealing with China’s currency. Senator Reid used a procedural maneuver to block it, calling the amendment “senseless.”Last time I checked, Harry Reid is a Democrat, not a Republican.
Fessler does not cite numerous opinion polls showing that black Americans, like other Americans, favor voter ID laws to protect the integrity of the ballot. She ignores the fact that black and Hispanic turnout has increased since voter ID laws were passed--even when controlling for Barack Obama’s historic 2008 candidacy. She does not even try to capture the views of ordinary voters in the black community on either side of the issue.
Instead, Fessler quotes black leaders, not voters--including (above) Rep. Emanuel Cleaver (D-MO) of “Tea Party N-word” infamy. These leaders are no more concerned about voting rights than is Attorney General Eric Holder, whose primary concern is shoring up turnout for Obama’s re-election campaign. That is because voting rights are not threatened in the least by voter ID laws. Fraud, not voter ID, is the only danger.
One industry representative said that if the government allowed the industry to fully develop the country’s resources, the U.S. could “surpass Russia and China as the world’s largest producer of crude oil.”
The claims came during a House Oversight and Government Reform Committee hearing examining whether Obama is living up to his promise to pursue all domestic energy options.
“The question for this committee: Is that goal being achieved, and if not, why not?” committee chairman Rep. Darrell Issa (R-Calif.) said in his opening remarks.
Hayes went from insulting the fallen to insulting the living. Many of the living observing Memorial Day this year lost someone in the field of battle in just the last 10 years. Useless pro-forma ritual my ass.
In a true classic case of liberal projection, because Memorial Day is essentially a meaningless pro-forma ritual in his mind, he assumes it must be the same for every one else. He didn't really care about America's fallen soldiers so nobody else really does either. It's all a show, a sham, a kabuki theater.
You know why the Left is so pathetic? They keep talking about how awesome their empathy for others is. They supposedly have this amazing ability to empathize. And it's complete BS. People who spend a lot of their time bragging to you about how empathetic they are end up being like Mark Twain's Honorable Man:
"The more he shouted & protested about his honor, the faster we counted our spoons."
The Marxists & Socialists that make up much of the intelligentsia of the Left disdain America's actual founding, it's governing philosophy, and rail against the traditions & ceremonies that teach each new generation a shared collective memory of appreciation for what makes America exceptional.
In a country which guarantees our free speech, it is chilling to see the US Government sending armed agents to scope out political activists. If Rudy was a leftist, Obama himself would be denouncing this visit. In Obama’s America, anyone can hear a knock on the door if you are vocal in your legitimate political disputes with Obama and his minions. I am proud that Rudy Davis held his ground, but he has no legal requirement to answer.