Tuesday, March 19

Check The Balances

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United States Supreme Court Building

United States Supreme Court Building

Many of us are still in shock over the bizarre, bewildering and generally backwards ruling that came down from the Supreme Court on Thursday. In a decision that rivals Dred Scott for the scope of its stupidity, National Federation of Independent Business v. Sebelius will be one of those landmark rulings that future generations of Americans will either look upon with openly bilious disgust or secret and deep-seated hatred. The first option will be possible if the effects of this heinous violation of the Constitution are overturned. The second reaction will be par for the course if the greedy federal government’s ever-growing obsession with power renders the expression of discontent unfeasible via dis-incentives like unpopular speech “taxes.”

This is not just invective meant to incite a response. The Supreme Court just told us that, while it is beyond the power of the federal government to mandate purchases, it can compel such action via penalties dubbed taxes. Under this decision there is seemingly no limit to the taxation power of the federal government. The PPACA is now understood as instituting a tax for not engaging in an action, a move without precedent in the United States and certainly without justification in the Constitution. So if this precedent-busting measure has become the new normal, then why can’t the Congress pass a non-compliance tax on consuming food they deem unhealthy, or listening to speech they deem incendiary? They could, and might even try to do so, if the public gives them enough time and leeway.

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1 Comment

  1. JazzQuipster on

    The sky is falling, the sky is falling! cry whiney Republicans who thought they could subvert the U.S. Constitution by packing the court with right-wing ideologues.

    PPACA joins other popular government mandates like Social Security, Medicare, the purchase of auto insurance, or the enforcement of speed limits for that matter and is now the law of the land with the Supreme Court’s stamp of approval. I can hear you right-wing drones muttering that it’s different because you can choose not to drive. I agree, but if you get sick, or have an accident and can’t afford the out of pocket expense, guess what?  You will be treated and the costs are passed on to all of us with insurance. We pay for you and we don’t have a choice in the matter.

    Right-wingers are raising such a stink that it’s easy to forget that the mandate idea was actually first dreamed up in a right-wing think tank, and of course first enacted in Massachusetts by none other than Mitt Romney. Mitt of course flips and flops on this, but he has decided that he can have things both ways:  in Massachusetts it is a “penalty” if you don’t buy insurance, but Obamacare is  a “tax.” Right-wing media goes one better and has pronounced it a “historic massive tax” which is complete bullshit. 

    All this law does is make people responsible. If you don’t have insurance now because you can’t afford it, it will be made affordable to you. If you still don’t buy it, you will be penalized, as you should be. Insured people are tired of paying your way.