Thursday, August 06, 2009
"The power to tax involves the power to destroy.... To carry it to the excess of destruction would be an abuse, to presume which, would banish that confidence which is essential to all government." – McCulloch v. Maryland (1819)
[H.R.3200] SEC. 401. TAX ON INDIVIDUALS WITHOUT ACCEPTABLE HEALTH CARE COVERAGE. (a) In General— Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: "PART VIII — HEALTH CARE RELATED TAXES / SEC. 59B. TAX ON INDIVIDUALS WITHOUT ACCEPTABLE HEALTH CARE COVERAGE. (a) Tax Imposed— In the case of any individual who does not meet the requirements of subsection (d) at any time during the taxable year, there is hereby imposed a tax equal to 2.5 percent of the excess of (1) the taxpayer's modified adjusted gross income for the taxable year, over (2) the amount of gross income specified in section 6012(a)(1) with respect to the taxpayer."
onsume or be destroyed. Some "choice."
The tax imposed by proposed Section 59B on only the incomes of citizens who refuse to obey the federal government's mandate that all citizens be health-insurance consumers is reduced to an unconstitutional direct or head tax by that very imposition.
Nowhere in their Constitution have the people of the United States granted her government the power to force each and every citizen into engaging in any form or manner of interstate or even intrastate commerce. Indeed, it is clear that their supreme document has never envisioned any such kind of naked dictatorship.
Its full scope and purpose is limiting the powers of government over the people, not expanding those powers whenever and however the government may see fit. Certainly not giving government unfettered leave to artificially create out of whole cloth a new "responsibility" of every individual citizen, by mere virtue of his citizenship, to consume any public- or private-sector good or service which that government has decreed he must. Only tyrannies are founded on such principles.
Mandating anything of the sort, especially under color of law, exceeds the just powers a government of the people, by the people, for the people derives from their consent.
Moreover, the taxing power vested in the legislative branch is limited in application to persons or entities freely choosing to engage in some constitutionally-taxable activity. The act of breathing — of continuing to exist as a living citizen or resident in the United States — is not so taxable unless applied "uniform(ly) throughout the United States" to every person who breathes. This is because the tax is based not on any activity by which the person could derive a source of income but solely on the activity by which he takes into his lungs a source of life-sustaining oxygen. In essence, an excise tax on breathing. Even then the collection of this tax, since it is imposed on each head without exception, must conform with the constitutional provision relating to apportionment of direct taxes.
Thus the tax imposed by proposed Section 59B is clearly unconstitutional.
But since when has supporting and defending the Constitution ordained and established by We the People, much less bearing "true faith and allegiance to the same," ever mattered to Øfascist, Peloseri, Reidtard or any of the other fascist liberal Despoticrat Party tyrants(birm) who're trying to ram their
failure-to-consume tax egregious violation of our civil rights down all our throats (unless, of course, we sheepishly "choose" to obey all their abusive dictates)?
Labels: anti-America liberals (BIRM), consumer rights, fascist totalitarian liberals (BIRM), Impeach.Obama.Now., lawbreaking liberals (BIRM), megalomaniacal liberals (BIRM), neither Hope nor Change
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