AMERICAN NAIVE

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By: Wayne Brown


The media wires have been all a-buzz for the past 24-hours since the Supreme Court’s decision was handed down on the constitutionality of certainly actions taken by the Federal Government under the authority of the Affordable Healthcare Act, otherwise lovingly referred to as “ObamaCare”. In general, the outcome is seen as a major victory for Obama and the Democrats who shaped the legislation and then got it passed in a closed-door backroom Saturday night session of arm-twisting. There are also those who speculate that the ruling by the Court may indeed spell the death of the law due to the explanation offered by the majority opinion of the court. While it is nice to hope, I am quite certain those who hold that hope are simply dazed and confused.


Essentially the Court said that ObamaCare passed the litmus test of Constitutionality. What they did not say is that such finding can easily be made if one just ignores the Constitution in the consideration. Specifically, the Court upheld the claim that Congress could levy a requirement for all Americans to buy insurance. The basis of that mandate in the law was cited as Congress’s powers to regulate commerce under the Commerce Clause in the pleadings by the government. The glimmer of hope comes forth when the Court stops short of upholding the mandate but states that Congress does have the power to create and institute taxes on the American people therefore, the requirement insurance premiums imposed, are simply a tax compelled by those who hold elected office…in effect, “the will of the people”. Roberts then pointed out that it was not the duty of the court to impose itself on the “will of the people”. That step would have to be taken by those “elected” to represent the people.


For some on the right, this perspective of the Court offers the hope that when the requirement to purchase insurance and the penalties associated with lack of conformance are applied, the whole thing, as proposed by the court, will be construed as a tax. In fact, as a tax, it is the largest tax ever conferred on the American public by Congress. Given that thinking, there are perspectives and conclusions being thrown about that Congress might want to reconsider the validity of the law in its intent to levy taxes on the American people. In other words, those in Congress who supported and voted for the legislation do not want to be looked upon as “taxmen” in their next election attempt. Anyone holding their breath and holding out serious hope of this happening may fall victim to oxygen deprivation as the only result.


Basically this song has been played at just the right moment as far as Obama is concerned. He pushed to get it before the Supreme Court as quickly as possible knowing full well that a ruling within 60 days of the election which went against the legislation would be damaging to his re-election chances. At the same time, he also anticipated that a ruling which supported his position would light off some fires of discontentment that would drive the electoral debate for some period of time. That outcome is taking place now and by election time, this will be old news, cold news, and no news. As an election strategy, it was likely a smart move. As a program which will benefit the majority of Americans, it was a very sad day when the court handed down such a stand.


Speaker of House, Boehner, has stated that the House will hold a repeal vote when the members return from their summer vacations in late July. This will keep some level of the story alive at least through the end of July but represents only a tokenistic step by the Republicans to save face with conservative constituents. Even if the House votes to repeal, you can bet Harry Reid is not going to throw the action up for a vote in the Senate between now and November. So action by the House is dead-on-arrival in the Senate.


But wait you say, what about all this psycho-babble over the “tax” aspect and the fears these politicians in Congress have of being looked upon as “tax mongers”? What about that, will it not be enough to sway hearts and minds to change their initial vote on the legislation and get it repealed? The answer is “no”, purely because those in the Senate will not get that opportunity as long as Reid and Biden are at the helm. A few of them may shed a few crocodile tears as they stand before media microphones and swear they had no idea that such an outcome would be forthcoming. They will be sad and offer apology but the law as passed will stand. The debate about tax or penalty is over…the Court has ruled that it is a tax and in upholding the law as constitutional have basically burdened the American public, specifically those in the middle class, with it. We can levy vengeance at the polls in the next election but the law will still stand long after you have voted out your representatives for their actions.


“Tax or not”, do you really believe that whether it is or isn’t that it sways the minds of that 30+ million people who stand to get “free healthcare” at the expense of the American taxpayer? Not in the least. In fact, if anything, it will cause those numbers to swell even greater. The burden of tax imposed will be on those middle class wage-earners and taxpayers and that burden will continue to grow with time. Much of the middle-class already opposes this law so the opposition to the law does not grow significantly on the basis of “taxation”.


There is one aspect of this “tax” outcome which is quite troubling. Assume that everyone embraces the concept that the law imposes a tax and thus that tax is collected in the same way that the Federal Government now collects payroll and Social Security taxes…taking it out of the paycheck. Those who don’t work automatically get a free ride since there is no paycheck to levy against…they get it free. The funds go to Washington just like the current taxes and fall right into that big pot of revenue. Get ready, get out those hankies, here comes the sad part…that’s right, the money gets spent on anything and everything but not applied directly to the cost of healthcare thus ObamaCare simply becomes yet another social program drain and only acts to support the ever growing pile of debt on the nation. This is what Obama describes as “debt-neutral”. This is the best outcome from the standpoint of the government and Obama because the funds do not have to be managed outside the normal revenue management process…that of posting red ink to the books.


You can bet that Justice Roberts stood with the liberal side of the Court on this outcome hoping to show that the Court was indeed an “objective entity” which gave due consideration to the Constitution and to the impact of the law upon the people of the nation. His strategy failed miserably as the outcome has and will cause more and more people to question the role of the Court as a member of the checks and balances triad designed into our government system from the start. If Roberts and company had done their job properly, the finding would have read along the lines of, “The Court rules in a 5-4 decision that the mandate for mandatory healthcare coverage which Congress has enacted under the powers of the Commerce Clause does not match those powers assigned to Congress under the Constitution. Therefore, while the Court will allow the law to stand with regard to the structure and definition of Affordable Healthcare, the method by which funding is provided in support of the program, its implementation, and sustainment cannot arise on the basis of the mandate under the Commerce Clause.” That did not happen thus the Court left the American people adrift in a boat without a paddle and at the same time allowed the law to stand on the basis of semantics and how that plays into the political process downstream. In the end, the last bastion of protection for the Constitution failed in its sworn role to protect the intent of that document. Whether a few Senators lose their seat in the next election matters little to Obama and his ilk in gaining this victory over Constitution governance in America.


The Court did find that the Federal Government could not impose penalties on States that failed to uphold the requirements of Affordable Healthcare Act by withholding Medicaid funding. On the one hand, this was a move in the right direction; on the other hand, this restriction will simply raise the cost of the law in terms of the ratio between participation revenue and cost of the care. Ultimately the care will be handed out and the costs will be tallied. Analysis of such costs will only yield one conclusion: middle tax income earners must pay more to support the financial needs of the law. Ironically, as the premiums go up, so will the frivolous spending on the part of the government. The welfare train continues down the track with more cars being added at each stop and the pace can now quicken thanks to the inability of the Supreme Court and its Chief Justice to take action to protect and defend the Constitution as expected to do as their duty.


©Copyright WBrown2012. All Rights Reserved.


29 June 2012


Did the Supreme Court render a fitting decision on the Affordable Healthcare Act relative to the Constitution?

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Comments 22 comments

Angela Blair profile image

Angela Blair 4 years ago from Central Texas

Wayne -- all so sad and all so true. Thank you for such an insightful summation of a sad day in American history. Best/Sis


Wayne Brown profile image

Wayne Brown 4 years ago from Texas Author

@Angela Blair...In effect, those outraged with this outcome, do not increase in terms of the population that opposed this law in the first place so Obama has not really lost any ground in that those who will be burdened by this "tax" are mainly the middle-class which the opposition to Obama is already high. Obama's strength at the polls comes from the liberal bastions of idealism like the major population centers of California, Washington and Oregon...and Colorado. He plays to the union vote in the rust belt states and to the welfare/entitlement vote there as well. He shores those states up with appeals to minority factions like his recent move on immigration. You can look for him to attempt major things in Florida in the hope of shutting Romney out of the possibility of any threat to his re-election. Anything that might scare the hell out of the elderly population will play to his advantage in Florida. He'll make claims which will put Romney in a position to attempt to prove a false negative. At the same time, he will be shoring up his position with the Latino crowd in that area. Romney is between a rock and a hard place with his VP nomination in that he sorely needs both Ohio and Florida to win enough electoral votes to make the election close but he only had one VP slot. If he goes with his Ohio partner, he stands to lower his chances in Florida significantly. If he goes with Rubio to raise his numbers in Florida on the minority end, he may lose Ohio altogether to the union vote. This is really not a process that is about the "will of the people", it is about who controls what geography and in that sense, it is flawed. That was apparent when Bill Clinton was elected. Thanks Sis. WB


fpherj48 profile image

fpherj48 4 years ago from Beautiful Upstate New York

Wayne...you used my words in your hub. "Dazed and Confused." Truly, I'm worn down.......stunned and speechless. Was this the "plan" all along? Beat the peons down until they simply cannot get up ever again? Sorry, I don't know what more to say.


Wayne Brown profile image

Wayne Brown 4 years ago from Texas Author

@fpherj48...No doubt, the answer is yes. America cannot be transformed until two things happen...break the bank financially on the middle-class and get control of the 2nd Amendment Rights to bear arms. The Obama Administration is actively working on both angles right now. Immigration and Obamacare will finish us off financially in the working class by burdening us with greater and greater debts loads which translate to more and more taxes. Obama has already established de-facto-amnesty in Arizona with his executive decision on immigration and Nepolitano's Home Land Security declaring that it will not respond to calls from Arizona. The attack continues on 2nd Amendment rights with Holder and Obama hiding their efforts under the shield of Executive Privilege. If Obama can get re-elected and the current Seanate dominance continues for the Democrats, look for upcoming treaties which have gun regulations woven into them. If Obama can get those treaties approved by Congress then we become subject to international law regarding guns and gun ownership. Once those two elements are in place, you lead the horse by its head and the ass will follow. No choices left. Thanks much! WB


fpherj48 profile image

fpherj48 4 years ago from Beautiful Upstate New York

Wayne.....I'd love to be gracious and thank you for such a factual and honest answer.......but I'm too depressed at all this going through my head. In 64 years of being an American, I've felt every emotion except one......I've had a million thoughts and opinions...........but for the very first time, as an American, I feel that one emotion I've never felt before.....real fear.


Wayne Brown profile image

Wayne Brown 4 years ago from Texas Author

@fpherj48...I am right there with you. I plan to retire this year and a part of me is engrossed of fear for our future and my families ability to sustain our living in retirement. The more destruction Obama reaps on the middle class, the less our money is worth and the more powerless we become in fixing that situation. Those who feel good about what is happening are living under the false impression that evil does not reside here with us in America. At least you and I won't be surprised at the results. This means, to quote the Outlaw Josey Wales (Clint Eastwood), "we gotta get plain out mad-dog mean about this" and we have to work our butts off to get rid of this vermin that is in our house. Thanks much. WB


fpherj48 profile image

fpherj48 4 years ago from Beautiful Upstate New York

That is what I'm most afraid of......I doubt I will sleep at all election night.


Deb Welch 4 years ago

Wayne - I read your in depth, awesome Hub. My healthcare is with the VA and I have mixed feelings about it. Even though I am not involved with the mess that is happening now - to me I feel a tinge of Dictatorship since all these major decisions are being played out before November. Obama says none of it is Political - he only cares about what is right and just for all the people in these United States. I can see a bankruptcy in the future. I agree with you all the way.


Wayne Brown profile image

Wayne Brown 4 years ago from Texas Author

@Deb Welch...Anytime Obama says something "is"...it ain't and vice versa. This card was played now to get it out of the way long enough before the election that the public would be done with it...same with the immigration orders he just released last week. Whether he came out on the up side or the down side of this ruling, he wanted it swept away before election time. The Supreme Court should have ruled in such fashion that the only way the premiums could be levied was as a tax and since the law was passed without that awareness on the part of Congress, the legislation must return to Congress for yet another debate and vote before the law could be implemented. SCOTUS cannot just assume that it was Congress' intent to impose a tax when all of them were arguing that was not the case. So we see that SCOTUS dropped the ball on what should be a pivotal issue for the legislation and opened the gate. Whether there is recourse to call it back into session from that perspective is questionable and that perspective will die unless those on the right side of the aisle hammer it and demand it. Forcing another vote with the assumption that premiums conveyed to taxpayers is a tax might just cause many of those first supporters to question how they voted. Don't wait for that to happen though. Payback is going to hell for some of these folks down the line on both sides of the aisle. This administration is deadset on bankrupting this country...just as Obama promised Soros that he would...count on it. Oh, BTW, don't count on not being involved as once this thing is up and going, I could see the government dispensing with the VA and forcing all those folks into the pool of insured under the ACA in the interest of cost-savings. You'll note that the only time that Obama is really interested in cost-savings is when it comes to damaging the military in any way that he possibly can. WB


breakfastpop profile image

breakfastpop 4 years ago

Thanks for mapping out this hideous ruling. What the hell is happening to our country? it i really unbelievable and frightening. Up all the way, just not funny or beutiful


drbj profile image

drbj 4 years ago from south Florida

Wayne - you just did a remarkable job spelling out the monstrous implications of this abominable Obamacare mandate/law/penalty/tax! I am sharing it with everyone I know and urge your readers to do the same. Before the America we all know and love goes 'over the cliff.'


Wayne Brown profile image

Wayne Brown 4 years ago from Texas Author

@breakfastpop...There should be some petition method by which the public can demand a new vote on this legislation. It continues to stand as a law because the Court did not hold the high ground on the "mandate. They ruled that Congress did not have the power to mandate therefore they must have meant to "tax" and since Congress has the power to tax, the law is Constitutional. Since when does the SCOTUS project or predict the intent of the Congress...only Congress should be able to state that intent. On the basis that the mandate was not a tax, they probably were able to get some votes to pass the law that they could not get if the premiums were referred to as "a tax". Even Obama claimed that it was not a tax. Even a damn fool can see that another vote should be ordered on the legislation in order to validate the "intent" of the Congress. See what happens then even with a Democrat laden Senate....far too many will run for the hills rather than vote to "tax". Thanks much, Poppy. WB

@drbj, Thank you, Doc. See my note about to bp. We essentially have a "tax" here which the Congress does not want to call a tax and never has since the beginning thus, we as Americans, will see a tax imposed on us which has been passed basically without "representation. Remember...no taxation without representation? Who was representing the people in the debate as to impose a tax with a healthcare plan? That discussion never took place because there was never an understanding or an intent on either side of the aisle to impose a tax...that assumption was made by the Court in their wishy-washy decision. Not only is this legislation unconstitutional, it came into law in an unconventional and unconstitutional manner...the will of the people was not represented yet in the end, a taxation was imposed by a Congress that did not know that it had implemented a tax. Someone needs to draw a line in the sand on that premise. WB


JON EWALL profile image

JON EWALL 4 years ago from usa

hubbers

Wayne, interesting thoughts regarding Justice Roberts. Many believed that the law would be found to be unconstitutional because of the mandate. The mandate was questioned as a part of the debate. President Obama, Pelosi and Reid sold the mandate to the Democrat Senators only because it was not a tax. Remember that the whole bill was a Democrat masterpiece that excluded all of what the Republicans wanted in the bill. The bill was in essence a non partisan bill. Obamacare is Obama’s pay back for the unions and the so called middle class. If you notice ,Obama don’t say a lot about the poor.

In July , the House will make changes in their actions in repealing the law. Congress makes laws and Congress can amend laws. The bill contains sections in it that are good for the citizens.

If the House plays it’s cards right, those Senators looking at elections will change their positions. The Republican Senate plans to force a vote, the approval to vote and pass will need only 51 votes.

The election on Obama and Company is only 5 months away. Stay tuned, the fireworks will start in July.

http://hubpages.com/politics/GOVERNMENTHEALTREFORM...

http://hubpages.com/politics/AMERICA-WAKE-UP-TO-NA...


Wayne Brown profile image

Wayne Brown 4 years ago from Texas Author

@JON EWALL...It seems to me that Boehner and Company must more clearly convey that this vote is more than just a token attempt to repeal...it is the forcing of a vote that really was never taken on the original legislation...that to impose tax on the American people to pay for a healthcare program which easily end up just like Medicare is today...mismanaged. As it stands at the moment, this law represents "taxation without representation" to the fullest extent thanks in great part to the "assumptions" of the Chief Justice and the liberal sect of the Court as to the "intent" of the Legislative Branch. It would be quite interesting to see how SCOTUS reacted if Congress initiated legislation on the basis of what they thought the "intent" of the court might be on future considerations....this is an absolute tragic failure of our checks and balances system to function from the gitgo. Thanks for the great comments and insight, Jon. WB


teaches12345 profile image

teaches12345 4 years ago

I see by the poll that most people are confused about the passing of the law, including myself. I do not understand how a man can be so persuasive on passing a law that will only harm the people of this country.


JON EWALL profile image

JON EWALL 4 years ago from usa

Wayne Brown

''...it is the forcing of a vote that really was never taken on the original legislation...''' Speaker Pelosi , Reid and President Obama used ‘’ reconciliation ‘’to avoid a revote of the bill in the Senate, Democrats eliminated the checks and balances in the Constitution and rules of Congress. In other words, they did not break the law ???? But twisted a Fair and Honest representation of the law.

The argument, that the Obama lawyers used, was that the law was covered under the commerce clause which allowed the law to be constitutional. Obamacare lost the battle on the commerce clause. Justice Robert’s opinion clarified the mandate in that it was not a fine but a tax. His opinion has been praised by some and questioned by others.

The Healthcare bill was sold to Congress on the premise that the mandate WAS NOT a tax. In the original draft the mandate was a tax, the tax notation was removed by the leadership to move the bill. Just another lie and distortion of the truth by the President and Leaders of the Democrat Congress. Those Senators and Representatives, now knowing the truth will have to reconsider their votes when the repeal legislation is presented to Congress in July. Many need to check their conscience and review the oath of office that they gave when sworn into office.

The voters can in Nov.( just 5 months away) decide by voting on whomever they believe will follow the Constitution and enforce the laws of the country.

The mainstream media and the press will report Congress’s actions, ignoring the fact that the law is a fraud on the American people. The DNC’s talking points are ‘’Now it’s time to move on’’. The question remains on to what, forgetting the lies of our government?

http://www.nytimes.com/interactive/2012/06/28/us/h...


Wayne Brown profile image

Wayne Brown 4 years ago from Texas Author

@Teaches12345...Persausion comes easy when it is based on lies. In that instance there are no limits to the promises which can be made in order to achieve the desired outcome. This man has no interest in the welfare of Americans, it is all about himself and the power that he can grab along the way. If there is anything he is sheltering, it the socialist philosophy of those he surrounds himself with and those he has admired through life. Those processes inside his head tell him that everything about America is wrong and requires a shift to centralized government power over the people and the dissolution of individual achievement and success. He sells that by maintaining that "if one of us gets a new boat, we all get a new boat" and we, as Americans, like children, respond with glee at the prospect never once considering the payback that comes with accepting that boat. Thanks much. WB

@JON EWALL...Well stated, Jon. I hope that it goes that way. For those who populate Congress to allow things to go forward without a vote will be nothing less than a crime against the American people. Thanks much. WB


JON EWALL profile image

JON EWALL 4 years ago from usa

Wayne Brown

The Obama people still insist that the mandate is a fine and not a tax. one lie always requires another than another.

Jul 1, 2012 11:14am

Despite Ruling, Jack Lew

http://abcnews.go.com/blogs/politics/2012/07/despi...

A comment was made today regarding Justice Rroberts' opinion.In the law regarding collecting the fine was to be enforced by the IRS,simple conclusion the fine was a tax.

On July 11,2012 the House will vote to repeal Obamacare again. SENATOR REID will be in trouble if he don't allow it to get to the floor. Obama & company already are saying '' let's move along''.


Wayne Brown profile image

Wayne Brown 4 years ago from Texas Author

@JON EWALL...That vote and the aftermath will be quite interesting. This legislation made it into law on the back of the Democrat domination of both Chambers of Congress. Still, it gained approval not as a tax but as a mandate of requirement to purchase coverage. A number of Democrats who supported that original premise may turn in a different direction when the financial support for this legislation clearly becomes a tax on his/her constituents. What a sham...to be fooled by the leaders of your own party. Taxation Without Representation = Tyranny. That fact was clear all the way back to the Revolution and it is still true today. Thanks much for your insight, Jon. WB


JON EWALL profile image

JON EWALL 4 years ago from usa

Wayne Brown

The liberal TV channels on the Sunday programs is a must to enjoy. google - ABC sunday NBC, CBS ,FOX AND OTHERS.

We thought Clinton was bad '' is is..’.', Obama and company will have the illiterate believe everything he says, just check his site whitehouse.gov, propaganda number one.


Wayne Brown profile image

Wayne Brown 4 years ago from Texas Author

@JON EWALL....Thanks for the links, Jon. It is good to stay abreast of that stuff if you have the stomach for it. I have to take it in small doses to keep from waking up screaming. LOL! Thanks much. WB


JON EWALL profile image

JON EWALL 4 years ago from usa

Wayne Brown

Well, not really, occasionally I watch to understand the talking points. Sometimes it is funny watching Cavuto ( fox news ) trying to have a liberal answer a question.Check this link http://www.foxnews.com/on-air/your-world-cavuto/20...

On sat. morning fox news has a couple programs of interest.

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