Saturday, June 30, 2012

Musing on the Tyrannical Obama Health Tax

One important reform as we restore the Constitutional Republic is to return to the "original" Original Intent, before the first Chief Justice Marshall began his quarter century crusade to empower the Federal Government.

It was his opinion that "the power to tax is the power to destroy" and therefore Federal power was unlimited.

That was never the understanding of the Common Law which is that the police power is limited to public harms only, and that taxes can only be imposed for public benefits.

The States created the Federal Government and could only grant to it powers they had.

Unless Congress has the specific  power to legislate in Article 1, Section 8, it does not have the power to tax. So it could impose the Obama Tax in DC, but not in the States.

Once again, as in centuries' past, a Chief Justice opts to support the power of the Federal elite over the plain words of the Constitution.

In my humble opinion, Supreme Court decisions that clearly usurp the Constitution, such as the infamous "Legal Tender Cases" after the Civil War which gave us unconstitutional fiat "dollars" (instead of Constitutional Gold and Silver Dollars) and this most recent Health Tax case are no precedent and can, and must, be abandoned as soon as possible... even if, as in the case of the Federal Reserve, it is taking a century to undo the mistake of a past Supreme Court.

In matters of health, however, we do not have a century.

With unprecedented childhood autism, diabetes and asthma, all the result of the Federal Government's horrendous mismanagement of health care, the managing of which is no where entrusted to them by the Constitution, our survival as a Nation may depend on how quickly this error is rectified.

The words of the Constitution are:

"The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises..."

That is followed by a series of 17 specific "To..." paragraphs of the powers to which the power to tax apply.

There is no "general" Federal sovereignty. Just the powers granted by the States and since the States cannot, within the Common Law, tax without limit, neither can the Federal Government.

Any other position is an invitation to tyranny. And a condemnation of our children to Federal Government -induced ill-health.