bendog
Diamond Member
I dunno. I just can't think of an analogy to buying insurance. We pay tax if we choose to work. Or own a car, when even without license and sales tax, we pay gas tax. Or if we choose to not marry, we have to pay more federal tax. But if we choose not to do that, we avoid a tax.Yes …. and no.Don’t you see how this distorts that? They’re choosing judges to achieve political outcomes. That no longer serves as a check, it’s just an alternative means of exerting legislative power.The politicians pick the police, so yeah, they are policing themselves based on what they’re doing.Again, you can depend on the legislature to police itself. That's the whole reason for checks and balances.Write a new law.If we changed landmark judicial decisions every time we changed justices, the country would be very chaotic. Especially when the true solution is so damn simple.Sure it is. Are you saying we should only confirm Judges who agree with all existing precedent? Is there no room for correcting judicial mistakes?
True solution?
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Separation of Powers: System of Checks and Balances
How the American system of separation of powers through checks and balances ensures that no branch of government grows too powerful.www.thoughtco.com
The ACA required people to either buy (or be given govt) insurance or pay a tax. Don't shoot the piano player on that one, but it is not debatable that the ACA did that. It did.
While many many years ago, the taxing and spending power had to be tied to an enumerated power, one of those was regulation of interstate commerce. It's not logically possible to deny that HC in interstate commerce as it's 1/5 of the econ. But since 1980 the goper in the scotus have been reducing the commerce power clause. So, like Roberts found, there's not doubt that congress can tax and spend on HC.
But can they put a tax on requiring a person buy a private insurance contract? I dont' see a concrete answer on that. It does reveal a mindset of the dems. sort of a why not make people buy something that's good for them? lol
And then there's Roe. 60%plus believe the govt shouldn't require a woman to carry a zygot to term, and I agree, but damned if I can find that in the const. LOL
The dilemma that Roberts faced is subtle, but it's real and another conservative appointee will face the same dilemma. Basically, Roberts recognized that the mandate to buy insurance or pay a penalty, was fundamentally no different that any other tax incentive. They're ALL mandates. They're all are of the form "do X or pay a penalty". They all exist to expand Congressional authority to manipulate society.
I think he, and most other sane people, recognized that Congress forcing you to buy insurance from their cronies is wrong. But he also recognized that Congress has been doing that sort of thing for decades, and striking down the mandate would, essentially, put all of those other tax incentives in jeopardy. In other words, he didn't have the balls to do it.
I'm not saying Roberts was wrong. Imo he was right because the power to tax is unlimited, at least in current SC thinking.
It's a badly thought out law. But the gop is just trying to get the Court to give them something they'll never have the votes to undo …. unless they compromise and agree to govt helping people get healthacare with tax dollars …… which ironically they've been agreeing to since at least 1960