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Justices, Seeking Compromise, Return Contraception Case to Lower Courts

apdst said:
No, The authors of the law used, "tax", which makes the law unconstitutional. John Roberts said it isn't a tax, but a "fee", which makes the law constitutional, all of a sudden.

You may praise the authors of the law as being clever, but they're too stupid to know that only The House can levee taxes.
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No, they're clever enough to know that the Senate can get around the Origination Clause by taking any legislation that already originated in and passed the House and amending additional contents into it including tax levies. Its called a shell bill, and that nifty little loophole has been exploited for a very, very long time.
 
Fletch said:
This strikes me as a good outcome. There is no reason why some compromise cant be reached on this that allows both for the general principles of the law and a religious exemption.
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You are my kind of Republican. There is a reason that Reagan was so successful. He compromised, and in doing so, got accomplished much of what he wanted to do. Today's slash and burn attitude of the GOP is what has ruined their brand.
 
Napoleon said:
No, they're clever enough to know that the Senate can get around the Origination Clause by taking any legislation that already originated in and passed the House and amending additional contents into it including tax levies. Its called a shell bill, and that nifty little loophole has been exploited for a very, very long time.
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But, not clever enough to know that only The House can levee taxes. There is no, "going around", The Constitution. That's illegal.
 
apdst said:
But, not clever enough to know that only The House can levee taxes. There is no, "going around", The Constitution. That's illegal.
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The Constitution says only that the bill hast to originate in the House. And it did.
 
Napoleon said:
Plenty of precedent says otherwise. The origination clause only says that the bill hast to originate in the House. It doesn't say that the text of the levy itself hast to originate there.
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Obamacare didn't originate in The House. Period.
 
Napoleon said:
It doesn't matter because it didn't have to. Period.
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Yes, it did. The Constitution requires tax bills to originate in The House. Case closed.
 
Napoleon said:
The bill did originate in the House (HR 3590). Case closed.
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It's unconstitutional...


"All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills".

Neither propose, nor concur translate into, create, or originate.
 
apdst said:
It's unconstitutional....
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Over 100 years of precedent for doing this says otherwise. Besides, the responsibility of identifying violations of the Origination Clause lies with the House and they have a procedure for handling them. Neither happened. In fact, they accepted the Senate's amendments to HR 3590.
 
Napoleon said:
Over 100 years of precedent for doing this says otherwise. Besides, the responsibility of identifying violations of the Origination Clause lies with the House and they have a procedure for handling them. Neither happened. In fact, they accepted the Senate's amendments to HR 3590.
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The government doesn't have the authority to force me to buy a product I don't want. This law is unconstitutional on many levels.
 
apdst said:
The government doesn't have the authority to force me to buy a product I don't want. This law is unconstitutional on many levels.
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You're not forced to buy it.
 
apdst said:
The government doesn't have the authority to force me to buy a product I don't want. This law is unconstitutional on many levels.
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You aren't being forced to purchase a product you don't want. You are offered a tax exemption if you choose to purchase the product. You can always choose to pay the tax instead. Your claim is as ridiculous as stating that the government forces people to buy houses, or have children, or buy bonds, etc.
 
Napoleon said:
You aren't being forced to purchase a product you don't want. You are offered a tax exemption if you choose to purchase the product. You can always choose to pay the tax instead.
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That's the same thing as being forced.

Tax exemption! That's funny!...lol
 
Napoleon said:
So the government is forcing people to purchase houses, have children, and buy bonds?
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Is there a specific law placing a fine on them if they don't?
 
Napoleon said:
In case you missed it, the Supreme Court already decided that the mandate is Constitutional. That was four years ago. This case is about the exemption process for contraceptive/birth control coverage.
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Didn't the government get around the unconstitutionality by arguing that the mandate was actually a tax? Taxes being kosher, of course.
 
radcen said:
Didn't the government get around the unconstitutionality by arguing that the mandate was actually a tax? Taxes being kosher, of course.
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Yes, and it is a tax. I'm not sure why anyone would say that a 2.5% tax on income to be collected by the IRS is anything other than a tax.
 
Napoleon said:
Do higher tax rates for renters, non-parents, and non-bond holders sound like fines to you too?
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Those taxes don't go up. You're spinning the he'll out of this...lol
 
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