Rule of Law: Supreme Court Legislates From Bench


As I am sure you have read or heard by now – the Supreme Court ruling on the so-called constitutionality of ObamaCare. The mandate, which was the biggest argument has been upheld by the high court as a “tax”. Well, Jisya upholds that all non-Muslims be charged a surtax unless they convert. So because it is a tax, this makes it right?
My main question to the Supreme Court that I have also asked of those who have pushed to pass this: 
Where, what article or amendment, in the Constitution of the United States does it require the US government, federal, to issue mandates, create legislation, or control people’s medical care?

One of the major reasons why health care is so expensive is because of government regulations that favor insurance companies, who spend millions a year in lobbying to ensure the cards are stacked in their favor. The other main reason is fraud and mismanagement of our health care system.

Economists have directed people to look at government health care systems in other nations, clearly showing that it is not good for the economy or for those seeking serious healthcare issues.
Many nations are learning from this failure, one of them is Sweden.
Government financed social programs and medical care requires a high tax. This ObamaCare, when it kicks in in 2014 will not only demand that everyone gets healthcare whether one can afford the extremely expensive premiums or not, but also includes a 1% federal tax described as a penalty.
Where does it state in the Constitution of the United States that taxes are to be imposed to punish citizens of the United States?
Sweden still has a progressive tax rate, the most oppressive in the industrialized world with the top rate being 56.6% of income. France and Denmark are suffering from the burden of big government financing. Denmark has nationwide school choice and a system that has partially privatized Social Security.
In a Bloombergcolumn:
Not so long ago, Sweden could claim world leadership in unmitigated Keynesian economics, with a 90 percent marginal tax rate and a welfare state second to none. …but in the last two decades the country has been reformed. Public spending has fallen by no less than one-fifth of gross domestic product, taxes have dropped and markets have opened up. …no turnabout has been as dramatic as Sweden’s. From 1970 until 1989, taxes rose exorbitantly, killing private initiative, while entitlements became excessive. Laws were often altered and became unpredictable. As a consequence, Sweden endured two decades of low growth. In 1991-93, the country suffered a severe crash in real estate and banking that reduced GDP by 6 percent. Public spending had surged to 71.7 percent of GDP in 1993, and the budget deficit reached 11 percent of GDP. …Sweden’s traditional scourge is taxes, which used to be the highest in the world. The current government has cut them every year and abolished wealth taxes. Inheritance and gift taxes are also gone. Until 1990, the maximum marginal income tax rate was 90 percent. Today, it is 56.5 percent. That is still one of the world’s highest, after Belgium’s 59.4 and there is strong public support for a cut to 50 percent. The 26 percent tax on corporate profits may seem reasonable from an American perspective, but Swedish business leaders want to reduce it to 20 percent.
Sweden, like Canada, is a nation that has been misguided by the promises of socialism, despite history showing clear results that it bankrupts any nation that adopts it – and is now moving in the opposite direction to correct those mistakes.
When will Americans finally get it? After the US dollar becomes only worth 25-cents? When the country goes into a financial collapse?
Why are people voting for those that promote this stuff – clearly against constitutional law, above and beyond the limitation of federal government?
Why do we have Supreme Court justices that rule against the Constitution? They are required to interpret and settle arguments – not create their own brand of legislation from the judiciary bench, siding with their choice of political ideology.
If you want to see the future of American healthcare system, now that the Supreme Court has ignored the articles of the Constitution, check out the article concerning Sweden’s government-run healthcare system.
If Mitt Romney doesn’t win or have the spine or cannot get support in Democrat-controlled Congress – this fiasco will never be overturned before it is implemented at a cost of $2.7 trillion. And the political left wanted to burn GW Bush at the stake for spending $161 billion in his last year in office for defense spending.
Obama’s administration spent $903.2 billion in FY 2011 with healthcare at $882 billion compared to $248 billion spent in FY 2011.
If Sweden adopts a flat tax system, they will have progressed much farther than the United States to get a handle on government spending.
The US government continues to spend more because it has the mentality that it can just continue its tax increase binge and/or creating new taxes on something else – like the lie that overtaxed products like alcohol and tobacco helps defray medical costs that government pays for those products being consumed. And as a method of social engineering. The same situation is heading toward low mileage vehicles and “fast food” (or any food that the government deems unfit).
Americans have allowed a monster to not only exist in America, but continue to grow at an alarming rate. That monster is the federal government who clearly is and has ignored or openly defied the Constitution of the United States since the days of Woodrow Wilson.
And guess who will be in charge of the new healthcare penalty tax?
If you guessed the American gestapo called the IRS, you are correct.
People have paid into the Medicare system all their lives in order to use it at the age of 65; but the government has screwed up that system as well. Yet people are going to trust government to be in charge of their total healthcare?
It boggles my mind.
Since the Supreme Court upheld the mandate tax, but it can be defeated if true constitutionalists take back the executive and legislative branch. Congress needs to choose their Supreme Court Justices more carefully – pinpointing upon being mindful of constitutional law, not consensus law, or foreign laws. Congress needs to be cleaned out in 2012.
Wall Street Journal describes what this means to consumers.
The media describes the Supreme Court ruling as “surprising” – but looking at the stacked bench of justices, it shouldn’t have been a surprise at all.
Although Justice Roberts decision was surprising – caving in to the other justices for reasons he only knows.
Again – show me where in the Constitution where the government is required to distribute wealth, control our health care, or take away our property rights?
Where in the Constitution does it authorize taxes to be used as penalties and punishment – anything but a means to generate revenue to cover government cost?
History seems to be boring to many Americans, yet, if our leadership paid more attention to history they wouldn’t keep making the same mistakes over and over until even more numerous and different mistakes are made. And that goes for the American voter as well. You cannot expect government to improve if you continue to vote for the same people that got us into this mess in the first place.
Stop listening to politicians who promise free stuff – nothing is free – someone ends up paying for it, and eventually all of us.
Here’s a final thought: Maybe more Americans would be able to afford health insurance if:
  • They didn’t have to pay for other American’s benefits over the overall social programs.
  •  Government legislation didn’t side with insurance companies and make everything else expensive with their control-freak legislation.
  • Medical care facilities wouldn’t overcharge or pad the bills of patients.

 As Lloyd Marcus wrote:

If the Tea Party was dying, the Supreme Court upholding Obamacare is unquestionably the rebirth of the Tea Party.

For those 50% of American who pay taxes as Sarah Palin pointed out – it truly is time for a serious Tea Party and if Mitt Romney doesn’t hold the constitutional line – make him accountable. This will be the biggest tax increase in world history. For those who pay taxes, and it doesn’t count when you pay taxes forcefully through your payroll check and get most or all of it back at the beginning of next year. It just means you let the government hold YOUR earnings for one year with no interest paid (or late penalties) because that is the job of the infamous IRS.

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