DAY ONE OF THE FIGHT TO RECLAIM AMERICA IS UPON US, FOLKS
The battle for America begins in earnest today, folks. Lest you accuse the Rat of hyperbole, think about it; the Supreme Court will soon decide whether to uphold the Constitution of the United States – or the efforts of a political party to impose its will on the people – irrespective of their wishes – and the very intent of the Founding Fathers.
This fight is not about ObamaCare; it is about the reclamation of liberty.
Palace coups and military takeovers are one thing; the insidiousness of creeping Socialism is quite another: Individual liberties, justice and reason are chipped away – a bit a time – before the masses realize – much too late – what has happened to them. This is where America finds itself under the reign of the Obama Regime.
“Where Congress is not willing to act, we’re going to go ahead and do it ourselves.”
First, it was Obama’s directive that the Justice Department stop defending the constitutionality of the Defense of Marriage Act. Then, when the DREAM Act failed in Congress, the Regime signaled that it would implement it anyway – by choosing to selectively ignore existing federal immigration law. Earlier this year, Obama brushed off a subpoena issued by a Georgia judge regarding his eligibility to run for reelection.
The next three days may be our last best hope – as it relates to the Regime – to halt the chipping away of liberty.
The Supreme Court will hear the first two hours of oral arguments on the Patient Protection and Affordable Care Act – ObamaCare – this morning. Whether its ultimate ruling favors the Obama Regime – or the states and private parties suing the Regime – the future of constitutionality is at stake. On the agenda today is one simple question:
Is the individual mandate noncompliance-penalty a tax?
If the Supremes rule that the penalty is indeed a tax, then a law called the Tax Anti-Injunction Act (AIA) will preclude private parties from suing the government over the individual mandate until after its implementation; the AIA prevents citizens from suing the government over taxes before they are assessed.
Therefore, if the Court decides that the penalty is a tax, it cannot issue a ruling on the individual mandate until after the government has collected the penalty. Since the individual mandate doesn’t take effect until 2014, private parties would have to wait until 2015 to sue – meaning the case most likely wouldn’t make it back to the Supremes until 2016.
The plaintiffs will attempt to prove that the mandate penalty is not a tax – with the primary argument being that the penalty was never intended as a tax. They argue that the sole purpose of the penalty is to induce a certain behavior – because it is only intended to be paid by an individual who refuses to purchase health insurance. The government levies taxes to collect revenue; the penalty’s primary purpose is punitive. To most of us, that sounds like a fine.
The purpose of most lawsuits against the government in regard to taxes is generally singular: The parties bringing suit are attempting to avoid a tax. Such is not the case with the present case against ObamaCare; the plaintiffs are arguing that the individual mandate is unconstitutional – that the federal government – as per the Constitution – cannot force American citizens to purchase anything.
Let’s hope the Supreme Court agrees with a majority of the citizens of the United States.
If the Constitution ultimately loses, what will follow the individual mandate?