tag:blogger.com,1999:blog-6329595.post8729534560074474802..comments2024-03-29T04:30:19.523-05:00Comments on Althouse: Lawprof Jack Balkin says the individual mandate is constitutional because it's a tax.Ann Althousehttp://www.blogger.com/profile/01630636239933008807noreply@blogger.comBlogger102125tag:blogger.com,1999:blog-6329595.post-7549681489738898432010-03-30T17:18:02.468-05:002010-03-30T17:18:02.468-05:00If Balkin or some other liar pretends that the end...<i>If Balkin or some other liar pretends that the end is "general welfare", then I would be very happy since congress could then pass a law saying that Balkin should have a sock stuffed in his mouth forever for the general welfare</i>.<br /><br />I believe that would constitute an unconstitutional bill of attainder. But would stuffing socks in a mouth be a criminal penalty?Balfegorhttps://www.blogger.com/profile/08012196656096263507noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-25493797058280207852010-03-30T14:31:01.584-05:002010-03-30T14:31:01.584-05:00By the way, the consititutional question is easy. ...By the way, the consititutional question is easy. Let us take an expansive interpretation of gov. power:<br /><br />if the end is constitutional and the means is not unconstitutional, the act is constitutional.<br /><br />The end is to force people to buy health insurance. Thus it is not constitutional.<br /><br />If Balkin or some other liar pretends that the end is "general welfare", then I would be very happy since congress could then pass a law saying that Balkin should have a sock stuffed in his mouth forever for the general welfare.Vain Saintshttps://www.blogger.com/profile/07796361846052555305noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-64099722510328764952010-03-30T14:26:57.823-05:002010-03-30T14:26:57.823-05:00"Nothing racist about a nearly 100% white tea..."Nothing racist about a nearly 100% white teabagger movement."<br /><br />No. Quite frankly there isn't. There would not necessarily be anything racist about a 100% white Tea Party movement. <br /><br />Tell me what's racist about endorsing less government intrusion into the economy?<br /><br />If the people who would support a movement that is serious about reducing the size of government are 99% white, that does not say anything about the movement (unless you believe that small government is inherently racist. You seem stupid enough to entertain such ideas). It does provide evidence that the Open Society relatively free of government interference might be inconsistent with a highly non-white country.<br /><br />In other words, if I had to choose between an open society and a really diverse (tm) society, the open society wins.<br /><br />Put that in your pipe and smoke it Alphalib.Vain Saintshttps://www.blogger.com/profile/07796361846052555305noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-11796412964987468102010-03-30T14:21:44.776-05:002010-03-30T14:21:44.776-05:00"BTW, since when does family values exclude b..."BTW, since when does family values exclude bondage?<br /><br />I'm not into that, but if others are and all parties are participating of their own free will, why is it any of my business? (That actually is the true conservative position.)"<br /><br />No. It isn't.<br /><br />That's the libertarian ideologue/ cultural libertine position, which is not a major player in conservative politics. At least, it isn't a "family values" i.e. traditional conservative position.<br /><br />This is not to say that the true conservative position would be to shut down the brothels or that the right endorses prying into people's private matters, but no conservative organization would sponsor a trip to a sex club out in the open. They are called vice industries for a reason.Vain Saintshttps://www.blogger.com/profile/07796361846052555305noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-54925950547711505162010-03-30T12:46:59.886-05:002010-03-30T12:46:59.886-05:00The framers addressed the misinterpretation of the...The framers addressed the misinterpretation of the “general welfare clause. James Madison said, in a letter to James Robertson, “With respect to the two words ‘general welfare’, I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators.” James Madison also said, “If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one, subject to particular exceptions.”<br /><br /><a href="http://economics.gmu.edu/wew/articles/fee/constitution.html" rel="nofollow">Constitution Day</a>, by Walter E. Williams<br />Ideas on Liberty - August 2006Col. B. Bunnyhttps://www.blogger.com/profile/09590364016079745156noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-34943605119935296932010-03-30T10:07:45.941-05:002010-03-30T10:07:45.941-05:00Remember when Obama told Stephanopolis it is "...<i>Remember when Obama told Stephanopolis it is "absolutely not a tax"</i>?<br /><br />Sure, I remember. But all that tells me is that Obama is kind of clueless about this legislation. I knew <i>that</i> already. The President's apalling ignorance/mendacity does not control interpretation of the statute.Balfegorhttps://www.blogger.com/profile/08012196656096263507noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-80103671977625247642010-03-30T09:51:39.165-05:002010-03-30T09:51:39.165-05:00Pure BS from a "Constitutional lawyer" t...Pure BS from a "Constitutional lawyer" that doesn't even know that Obama's very Presidency is constitutionally illegal (his father was never a citizen, thus he's not Natural Born). Anything he signs will be null and void. What a farce.Mickhttps://www.blogger.com/profile/02864660386925998491noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-3963773314495616662010-03-30T07:13:33.122-05:002010-03-30T07:13:33.122-05:00Balkin is making a very poor argument. This is an...Balkin is making a very poor argument. This is an argument not worthy of a professor of Constitutional law. It is, however, the type of argument made by a liberal. Balkin argues the mandate is a tax that hits individuals depending on where they work or even if they do work. It hits the young lawyer who opens his own practice rather than joining a big law firm. If it is a "tax", it is a tax on the inability to find the "right" job or a tax on risk taking. <br /><br />If there were a tax on poor legal reasoning, Balkin would be poverty struck.Rick Cairdhttps://www.blogger.com/profile/08245560010738892296noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-82664779637512198082010-03-30T07:07:25.892-05:002010-03-30T07:07:25.892-05:00OK, everybody write me a $2000 check.
Now as long...OK, everybody write me a $2000 check.<br /><br />Now as long as you do exactly what I say, at the end of the year I'll give you your money back.<br /><br />Sweet.RJhttps://www.blogger.com/profile/04341676606068800175noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-9181759650737305072010-03-30T06:21:13.874-05:002010-03-30T06:21:13.874-05:00Based on his argument that the individual mandate ...Based on his argument that the individual mandate is constitutional because it is a tax, it seems to be a very small step for our legislators to require everyone to buy a GM or Chrysler car this year or face a tax. The auto companies have operational problems that a universal mandate might solve. AIG has operational problems that a universal mandate might solve, too. Gee! We could solve the housing crisis if we had a universal mandate! This assumes you buy into the argument that the solution to any industry crisis is to convince the American public to buy more things they don’t need.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6329595.post-76822249556649754232010-03-30T04:29:39.339-05:002010-03-30T04:29:39.339-05:00I have seen this "mandate is a tax" line...I have seen this "mandate is a tax" line of argument, mostly from supporters of the mandate stating why it is constitutional. <br /><br />Frankly, I do not get the argument (I had one person tell me that the XVIth amendment (the income tax amnendment) made the mandate constitutional.<br /><br />Frankly, I would think the Commerce Clause cases would make ht mandate constitutional. If there really is a mandate that is -- some of the analysis I have seen now says there really is no mandate.<br /><br />I guess Pelodsi was right -- we needed to pass the bill to find out what is in the bill.Anthonyhttps://www.blogger.com/profile/06638332009159486046noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-63004052682043306052010-03-29T22:43:05.779-05:002010-03-29T22:43:05.779-05:00Its a tax on being alive and thus a capitation tax...Its a tax on being alive and thus a capitation tax, imo.Doc Merlinhttps://www.blogger.com/profile/13615897698740661539noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-40617169942433068662010-03-29T21:57:18.216-05:002010-03-29T21:57:18.216-05:00The objective is to destroy the existing system.
...The objective is to destroy the existing system.<br /><br />Health care reform is merely terrain the barbarians use to get to the city. As is cap and trade or the EPA or the endangered species act.<br /><br />Means to an clear and unequivocal end. <br /><br />Nothing more.TmjUtahhttps://www.blogger.com/profile/07479506083401061662noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-3267857987217663752010-03-29T19:05:10.533-05:002010-03-29T19:05:10.533-05:00But the insurance premium? I think it's hard t...<i> But the insurance premium? I think it's hard to call it a tax. We will choose our product, then write checks to the insurance company. All we send the gov't is proof of insurance. That's not a tax.<br /></i><br /><br />If the government mandates that you MUST buy a certain product......oranges for instance because the government says they are good for you.....and you don't WANT to buy oranges, you are OK with them making you pay money in lieu of oranges anyway???<br /><br />If you don't buy oranges you have to pay. So you buy oranges because the alternative is to pay anyway.<br /><br />Even though you really don't want or even hate oranges you have to buy them. <br /><br />In fact, because everyone bought oranges the supply of oranges became short and the price of oranges went up. <br /><br />You still have to buy them anyway.<br /><br />Tough shit. Buy my fucking oranges bitch.Dust Bunny Queenhttps://www.blogger.com/profile/13341429444562280127noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-18842726555617322382010-03-29T18:41:38.049-05:002010-03-29T18:41:38.049-05:00The penalty I get...that could be a "tax"...The penalty I get...that could be a "tax". But the insurance premium? I think it's hard to call it a tax. We will choose our product, then write checks to the insurance company. All we send the gov't is proof of insurance. That's not a tax.<br /><br />Given this thinking one could say my mortgage payment is a "tax". I pay my mortgage company, send proof of pmt w/ my taxes, I get a decuction and lower tax. If I DON'T have a mortgage, I will pay a higher "tax" (penalty). <br /><br />The only difference here is that I'm REQUIRED to have the health insurance...not the mortgage. That weighs more toward it being a "mandate".JeanneBhttps://www.blogger.com/profile/00540911427059781266noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-26159077508983253782010-03-29T18:33:29.935-05:002010-03-29T18:33:29.935-05:00Actually, the mandate tax is like the dhimmi tax o...Actually, the mandate tax is like the dhimmi tax on Jews and Christians in the Turkish Empire. Convert or pay. However, there seems to be no enforcement penalties in the law, so whoever said they don’t really want it is probably right. Obama just wants to eliminate private health insurance.ken in txhttps://www.blogger.com/profile/14345764031059905578noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-13302597380342044912010-03-29T18:32:34.741-05:002010-03-29T18:32:34.741-05:00Remember when Obama told Stephanopolis it is "...Remember when Obama told Stephanopolis it is <a href="http://blogs.abcnews.com/george/2009/09/obama-mandate-is-not-a-tax.html" rel="nofollow">"absolutely not a tax"</a>?<br /><br />STEPHANOPOULOS: That may be, but it's still a tax increase.<br /><br />OBAMA: No. That's not true, George. The -- for us to say that you've got to take a responsibility to get health insurance is absolutely not a tax increase...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6329595.post-81233634012963199372010-03-29T17:51:49.956-05:002010-03-29T17:51:49.956-05:00What are they taxing?
Inactivity?
We get taxed...What are they taxing?<br /><br />Inactivity? <br /><br />We get taxed for NOT doing something?<br /><br />So. If I don't buy a product, like insurance or a GM car, I get taxed? <br /><br />If I don't buy a new Television from GE I get taxed or fined?<br /><br /><br />There is no way that this is a TAX.Dust Bunny Queenhttps://www.blogger.com/profile/13341429444562280127noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-69353781844811236332010-03-29T17:42:17.116-05:002010-03-29T17:42:17.116-05:00This comment has been removed by the author.Dust Bunny Queenhttps://www.blogger.com/profile/13341429444562280127noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-11242040940284616532010-03-29T17:36:49.295-05:002010-03-29T17:36:49.295-05:00Question - is it possible to view all my blogger.c...Question - is it possible to view all my blogger.com thread subscriptions so I can unsubscribe all at once or some, rather then having to do them individually?Alexhttps://www.blogger.com/profile/11205752419540502278noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-545566134300940112010-03-29T17:35:59.306-05:002010-03-29T17:35:59.306-05:00If this insurance requirement is constitutional be...<i>If this insurance requirement is constitutional because it is enforced through a tax, then the government can mandate anything as long as it imposes a tax for failure to comply</i>.<br /><br />I think this is pretty much true. They don't call the Power to Tax the Power to Destroy for nothing, after all.Balfegorhttps://www.blogger.com/profile/08012196656096263507noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-71121430383725133422010-03-29T17:34:27.619-05:002010-03-29T17:34:27.619-05:00Jack Balkin only proves what a bunch of dicks lawy...<i>Jack Balkin only proves what a bunch of dicks lawyers are and especially law professors. Being forced to either buy someone or pay money is the definition of fine, not a tax. If you don't buy insurance, then what is being taxed</i>?<br /><br />In effect, taxes are being raised on everyone, but people who buy government-approved health insurance are exempted. And there's lots of cases where you pay less tax if you buy something than if you don't, e.g. mortgage interest tax deduction favouring buyers over renters.Balfegorhttps://www.blogger.com/profile/08012196656096263507noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-90254154620493006422010-03-29T17:30:31.427-05:002010-03-29T17:30:31.427-05:00AJ-
Wait...damn it-we're funding that Tax Pol...AJ-<br /><br />Wait...damn it-we're funding that Tax Policy Center-?<br /><br />Figures.Chennaul https://www.blogger.com/profile/09259086579871139667noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-53555852347489392102010-03-29T17:28:05.091-05:002010-03-29T17:28:05.091-05:00But it can't be a tax because the bill exempts...But it <i>can't</i> be a tax because the bill exempts certain groups (possibly including Muslims, who consider insurance <i>haram</i>) from the mandate on the basis of their religion. What tax exempts <i>individual</i> adherents to a religion from taxation?carlyhttps://www.blogger.com/profile/10874358471807457239noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-68936763572817536272010-03-29T16:51:29.540-05:002010-03-29T16:51:29.540-05:00So will Muslims have to pay the tax then? They do...So will Muslims have to pay the tax then? They don't believe in insurance, but you don't get to not believe in taxes. They believe in health care so they're going to use what they're not paying for.<br /><br />Dhimmi tax.<br /><br />Dummies.kentuckylizhttps://www.blogger.com/profile/08110491371985845560noreply@blogger.com