Constitutional Emergency

http://www.imcitizen.net/chief-justice-roberts-is-a-genius/


Jun 282012

 

justice_roberts

Before you look to do harm to Chief Justice Roberts or his family, it’s important that you think carefully about the meaning – the true nature — of his ruling on Obama-care. The Left will shout that they won, that Obama-care was upheld and all the rest. Let them.

It will be a short-lived celebration.

Here’s what really occurred — payback. Yes, payback for Obama’s numerous, ill-advised and childish insults directed toward SCOTUS.

Chief Justice Roberts actually ruled the mandate, relative to the commerce clause, was unconstitutional. That’s how the Democrats got Obama-care going in the first place. This is critical. His ruling means Congress can’t compel American citizens to purchase anything. Ever. The notion is now officially and forever, unconstitutional. As it should be.

Next, he stated that, because Congress doesn’t have the ability to mandate, it must, to fund Obama-care, rely on its power to tax. Therefore, the mechanism that funds Obama-care is a tax. This is also critical. Recall back during the initial Obama-care battles, the Democrats called it a penalty, Republicans called it a tax. Democrats consistently soft sold it as a penalty. It went to vote as a penalty. Obama declared endlessly, that it was not a tax, it was a penalty. But when the Democrats argued in front of the Supreme Court, they said ‘hey, a penalty or a tax, either way’. So, Roberts gave them a tax. It is now the official law of the land — beyond word-play and silly shenanigans. Obama-care is funded by tax dollars. Democrats now must defend a tax increase to justify the Obama-care law.

Finally, he struck down as unconstitutional, the Obama-care idea that the federal government can bully states into complying by yanking their existing medicaid funding. Liberals, through Obama-care, basically said to the states — ‘comply with Obama-care or we will stop existing funding.’ Roberts ruled that is a no-no. If a state takes the money, fine, the Feds can tell the state how to run a program, but if the state refuses money, the federal government can’t penalize the state by yanking other funding. Therefore, a state can decline to participate in Obama-care without penalty. This is obviously a serious problem. Are we going to have 10, 12, 25 states not participating in “national” health-care? Suddenly, it’s not national, is it?

Ultimately, Roberts supported states rights by limiting the federal government’s coercive abilities. He ruled that the government can not force the people to purchase products or services under the commerce clause and he forced liberals to have to come clean and admit that Obama-care is funded by tax increases.

Although he didn’t guarantee Romney a win, he certainly did more than his part and should be applauded.

And he did this without creating a civil war or having bricks thrown through his windshield. Oh, and he’ll be home in time for dinner.

Brilliant.

If You Need More On The Topic: Charles Krauthammer / Joshua Hawley

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From: Erick Erickson /font>MorningBriefing@email.redstate.com>
To 
Sent: Thursday, June 28, 2012 12:17 PM
Subject: John Roberts
 
Dear RedState Reader,
As you have no doubt heard by now, the Supreme Court largely upheld Obamacare with Chief Justice John Roberts writing the majority 5 to 4 decision.  Even Justice Kennedy called for the whole law to be thrown out, but John Roberts saved it.
Having gone through the opinion, I am not going to beat up on John Roberts. I am disappointed, but I want to make a few points. John Roberts is playing at a different game than the rest of us. We’re on poker. He’s on chess.
First, I get the strong sense from a few anecdotal stories about Roberts over the past few months and the way he has written this opinion that he very, very much was concerned about keeping the Supreme Court above the partisan fray and damaging the reputation of the Court long term. It seems to me the left was smart to make a full frontal assault on the Court as it persuaded Roberts.
Second, in writing his opinion, Roberts forces everyone to deal with the issue as a political, not a legal issue. In the past twenty years, Republicans have punted a number of issues to the Supreme Court asking the Court to save us from ourselves. They can’t do that with Roberts. They tried with McCain-Feingold, which was originally upheld. This case is a timely reminder to the GOP that five votes are not a sure thing.
Third, while Roberts has expanded the taxation power, which I don’t really think is a massive expansion from what it was, Roberts has curtailed the commerce clause as an avenue for Congressional overreach. In so doing, he has affirmed the Democrats are massive taxers. In fact, I would argue that this may prevent future mandates in that no one is going to go around campaigning on new massive tax increases. On the upside, I guess we can tax the hell out of abortion now. Likewise, in a 7 to 2 decision, the Court shows a strong majority still recognize the concept of federalism and the restrains of Congress in forcing states to adhere to the whims of the federal government.
Fourth, in forcing us to deal with this politically, the Democrats are going to have a hard time running to November claiming the American people need to vote for them to preserve Obamacare. It remains deeply, deeply unpopular with the American people. If they want to make a vote for them a vote for keeping a massive tax increase, let them try.
Fifth, the decision totally removes a growing left-wing talking point that suddenly they must vote for Obama because of judges. The Supreme Court as a November issue for the left is gone. For the right? That sound you hear is the marching of libertarians into Camp Romney, with noses held, knowing that the libertarian and conservative coalitions must unite to defeat Obama and Obamacare.
Finally, while I am not down on John Roberts like many of you are today, i will be very down on Congressional Republicans if they do not now try to shut down the individual mandate. Force the Democrats on the record about the mandate. Defund Obamacare. This now, by necessity, is a political fight and the GOP sure as hell should fight.
60% of Americans agree with them on the issue. And guess what? The Democrats have been saying for a while that individual pieces of Obamacare are quite popular. With John Roberts’ opinion, the repeal fight takes place on GOP turf, not Democrat turf. The all or nothing repeal has always been better ground for the GOP and now John Roberts has forced everyone onto that ground.
It seems very, very clear to me in reviewing John Roberts’ decision that he is playing a much longer game than us and can afford to with a life tenure. And he probably just handed Mitt Romney the White House.
*A friend points out one other thing — go back to 2009. Olympia Snowe was the deciding vote to get Obamacare out of the Senate Committee. Had she voted no, we’d not be here now.
Sincerely yours,

Erick Erickson
Editor,
RedState.com

Harry, I have to very respectfully say that I consider everything in this piece as hogwash. 

As to his first point that Roberts wanted to protect the court.  Like it or not, the job of the Supreme Court is to take a piece of legislation and weigh its merits against the restraints and limits provided by the Constitution.  That's why the founding fathers gave us a system of government with checks and balances.  That is why we have a Supreme Court.

The writer's second point makes absolutely no sense to me.  Any issue that comes before the court in regards to a piece of legislation is going to be political.  There is not one issue in this country that the marxist/socialist/leftist Democrats have not politicized.  If Roberts can't stand the heat he should get the hell out of the kitchen.

The writer's third point is about as far out in left field as one can get.  In one decision the court as given the federal government control of 19% percent of our economy.  And, they have in deed opened the door for any kind of taxes the federal government wants to impose.  They simply have to say it is a health issue. 

I might perhaps be able agree with the author's fourth point except Democrats can now say Obamacare is a done deal its time to move on.  I don't believe that any Republican can get elected based on running to overturn this piece of legislation alone.  But, I do hope so very very much that I am wrong.

I could go on and on but you get my point.  There is no way that a true conservative Constitutionalist can put any sort of a good face on this.  As I said elsewhere in this thread, Roberts and his four marxist cohorts have executed the Declaration of Independence and the Constitution just as sure as if those two documents were living breathing people and they had put a gun to their head and pulled the trigger.

You're wrong: Obama is all about dividing the blue vs red states in a fiscal-civil war of redistribution; the citizens in the blue states will suffer the most and you know it. Roberts 'no-no' stance vote has no weight against the cancer unleashed by his 5-4 vote; that's like you're saying (attaching to Obama): "Read my lips, no new taxes..." would stick to Obama: HE'S TEFLON! and I know because I've raped him left and right over the Hitler coals for nearly 3 years: HE'S TEFLON, and this ain't the Age of George Bush #1. He's got 55% of the vote locked-in by their entitlement dependency, and all the RINO's behind him. The court was our last stand and it was a Custer's stand!

I believe "we the people" will prevail...I will not give up hope or stop praying for divine intervention. We will repeal this and Romney will remove this "cancer" called Obamacare...

NIce thought....but "YOU'RE DREAMING!"

Well, well, well...

...It seems that Justice Roberts has told the New York Times that he did what he "...had to do to save the act." (Oliver Wendell Holmes)

Genius?  Nah; just another hack.  "As long as I can imagine some contorted way to find liberal legislation Constitutional, even if it involves redefining common words, that's what I must and will do.  Screw you, Conservatives, and screw America and that inconvenient, blind-spotted, fatally flawed Constitution, too!"

SCOTUS deemed that Obamacare is a tax, but we all know that revenue bills (taxation) must originate in the House of Representatives. Obamacare started life in the Senate so it is still unconstitutional and must be resubmitted and revoted on and resigned by the President. Tell me, do you think he can get the votes again.

 

Yes, seems like a key and critical point James. It will either have to be re-written (good luck with that) or re-argued before the court - either way it will confuse and infuriate the public. It does seem Justice Roberts is playing chess and has left this both wide open for some kind of nullification, and securely shut for the kind of shenanigans the Senate pulled off the first time.

Dear God, I hope I am wrong.

Obama was selected for this office by the powers that be, not vetted, not qualified but able to take and deliver his orders. He has no family to speak of, no records, college, birth or otherwise. They searched him out, pushed him forward as with Norma Jean (used as pawn to see if success was inherit by using a girl from poorer backgrounds). AND  bible belter, peanut man, Carter. A nobody politician with a kind face who is believable --using him, promising him, taking him to higher places IF HE COMPLIES with HIS orders.

They did not come this far to allow Romney or anyone else to turn things back. Obama's job is to divide and conquer AND I  BELIEVE WITH ALL MY HEART, OUR CONGRESS WENT ALONG WITH THE U.N. MILLENNIUM DECLARATION OF 2000 SUPPORTED BY H.W. AND SIGNED BY BILL CLINTON. THIS ABSOLVED OUR CONSTITUTION AND PLACES THE U.N. IN CHARGE OF THE UNITED STATES. OUR CONSTITUTION IS DEAD. Every inch of our constitution has been over ridden either by congress or by executive order from BOTH parties

If I am wrong, document your thoughts and send them along

I believe you are right.  These decisions are made by people and "we the people" are just pawns in their game.

You are delusional.  Roberts is not a genius....he's either a closet liberal or he was threatened.  If the goal is to get rid of the Obamacare mess, he had his golden opportunity and didn't.  And his reasoning was bizarre!  If SCOTUS job is to find a way to uphold bills on constitutional bases, then how does he explain why HE knocked down SB1070 the week before?  So as far as I am concerned he exposed himself as a closet liberal.

 

That's the bottom line.  He stabbed America in the back.  Now maybe the backlash will work in our favor...maybe not.  But that clearly wasn't his concern. 

I am afraid I cannot agree with the writer of this particular piece.  In my mind Justice Roberts and those who voted with him are worthy of nothing but loathing and contempt.  By means his legal gymnastics he has essentially declared our Constitution dead.  With this precedent Congress is now free to force anything down our throats that they wish and they simply have to declare it a tax or a health issue.  What is even more frightening are the things that have received little or no attention.  The IRS is going to hire 16,000 additional agents to enforce this law.  That means 16,000 more more armed federal police.  And, oh yes IRS field agents are armed.  As a little aside regarding federal police, there is also a Veterans Administration police force.  Back to the subject at hand, contained within this legislation are 21 new taxes.  Even more frightening is the fact that within this legislation there is authorization to create the civilian paramilitary force which BO said in his campaign he wanted to create.  He stated that this force would be as large and well equipped as our military.  Included in this legislation are death panels except they will be known by some other innocuous name.  Many of the members of this forum are senior citizens and I would caution you to be prepared to have care denied you because of your age.  Senior citizens will now be forced to endure "end of life counseling".  Woe unto any of our younger members if they should have a child born with serious birth defects.  They and their doctors will not make the final decisions as to what level of care that infant will receive.  An unknown, uncaring merciless bureaucrat will decide how much care that infant will receive.  And, their decision will be based strictly on dollars and cents.  Make no mistake about it, party affiliation, just as in the former Soviet Union, is going to be a determining factor in the level and quality of healthcare received.  This legislation not only infringes on our religious beliefs but it also opens the door to forced abortions.  There is now no aspect of our lives that the federal government cannot control.  This decision and this legislation are a thousand times worse than the Supreme Court decision regarding the interstate commerce clause which allows the federal government to pass most of the legislation it has passed which violates the Constitution.  Justice Roberts and his despicable cohorts have opened Pandora's Box upon the American people.  I would strongly urge everyone not to buy into this political spin that the talking heads are trying to put on this.  This is a giant step, no it is a quantum leap, down the road to marxism.  On June 28, 2012 the Constitution of the United States and the Declaration of Independence were executed by those charged to defend and protect those documents and the values that they espouse. Personally, I have nothing but loathing, contempt, and hatred for anyone who was in any way shape or form involved in passing this legislation and or putting the present administration into office.  I would caution all who believe in the Second Amendment to prepare themselves.  Confiscation of firearms is not far over the horizon.

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