Showing posts with label SUPREME COURT; health care. Show all posts
Showing posts with label SUPREME COURT; health care. Show all posts

Tuesday, July 1, 2014

HOBBY LOBBY SUPREME COURT RULING - AS SEEN BY WISCONSIN POLITICIANS

How Wisconsin reacted to the Supreme Court ruling in the Hobby Lobby case

Wisconsin Election Watch - KYLE MAICHLE JUNE 30, 2014

http://wisconsinelectionwatch.com/20048/wisconsin-reacted-supreme-court-ruling-hobby-lobby-case/?roi=echo3-21251781929-20788770-9b093ed3617b2f86a584dd4b3ef814eb 

MADISON – On Monday, the United States Supreme Court ruled 5-4 in the case of Burwell v. Hobby Lobbythat employers can opt out of providing contraception coverage under ObamaCare due to religious objections.
Here is how political figures in the State of Wisconsin reacted to the news of the ruling

Northwoods Patriots - Standing up for Faith, Family, Country

Saturday, July 6, 2013

OBAMACARE VIOLATES U.S. CONSTITUTION

 Dr. Hotze’s lawsuit against ObamaCare employer mandate is vindicated
Conservative Byte –
7/6/2013
 
Texas physician Steven F. Hotze, M.D., has won the first round in his precedent-setting lawsuit against ObamaCare, with the announcement that its costly mandate against employers will not be enforced in 2014. The media admit that this is a stunning defeat for Obama, but it is a triumph for free enterprise and provides relief that Dr. Hotze has been seeking in federal court.

Dr. Hotze’s lawsuit explains how ObamaCare violates other provisions of the Constitution: the Origination Clause in Article 1, Section 7, and the Fifth Amendment prohibition against taking private property without just compensation. Another recent ruling by the Supreme Court on a different property issue strengthens Dr. Hotze’s argument that ObamaCare violates private property rights by unconstitutionally forcing Americans to give up their property for the benefit of insurance companies.

Dr. Hotze observes that “ObamaCare is compelling mid-sized businesses to reduce the hours their employees work in order to lower ObamaCare penalties that could total more than $10 billion. This disincentive is wrong for the free market, and wrong for America. Apparently Obama got the message, because now he admits that he will not enforce these penalties against businesses for 2014, as I have been demanding in my lawsuit.”

This is a tremendous victory for all Americans, and will avert the loss of millions of hours in employment that ObamaCare was beginning to cause. Dr. Hotze is honored by this vindication of his lawsuit, which explains how harmful ObamaCare is for mid-sized businesses like his.

Northwoods Patriots - Standing up for Faith, Family, Country - northwoodspatriotscomm@gmail.com

Friday, October 12, 2012

CAN OBAMACARE JUSTIFY FINES AGAINST THE FIRST AMENDMENT?

OBAMACARE MUST STILL JUSTIFY FINES AGAINST THE FIRST AMENDMENT
Supreme Court could hear another ObamaCare challenge
New American – Raven Clabough – 20/11/2012
Staver commented:
We argued that among other things that Congress lacked the authority to pass the employer mandate, and even if they had the authority, it collides with the free exercise of religion, both under the individual mandate and the employer mandate, because of the forced funding of abortion that applies to both.
Staver’s case had been ruled against by the lower court, but Staver appealed to the Fourth Circuit Court of Appeals. In September 2011, a federal appeals court ruled that ObamaCare amounts to a tax, and that the Anti-Injuction Act of 1867 bars federal courts from preventing the government from collecting taxes.
“The court of appeals refused to even consider the merits of the issue, but instead said that it didn’t have jurisdiction because the Anti-Injunction Act prohibited it from reaching the merits until a tax is paid and refund sought — which would be sometime after 2014,” Staver said.
That is when Staver appealed directly to the Supreme Court, asking them to determine that the Anti-Injunction Act does not in fact apply to this case.
And Judge Andrew Napolitano believes the case could lead to a different Supreme Court decision from its June ruling:
Just a guess — knowing the justices and having studied this more years than I’d like to think — that perhaps the Supreme Court is going to come up with a different outcome this time around. Remember, it only upheld three or four parts of the statute. There are many, many other parts of the statute that it could still look at.
Meanwhile, the healthcare law is also facing legal challenges elsewhere. Two Texas schools have filed the latest legal challenge to the preventative services mandate in the healthcare law. Texas Baptist University and Houston Baptist University filed the 32nd legal challenge to the Health and Human Services mandate of the Affordable Care Act on October 9 in the U.S. District Court for the Southern District of Texas. The lawsuit states, “Having to pay a fine to the taxing authorities for the privilege of practicing one’s religion or controlling one’s own speech is un-American, unprecedented and flagrantly unconstitutional.”
Northwoods Patriots - Standing up for Faith, Family, Country - northwoodspatriotscomm@gmail.com

Tuesday, July 17, 2012

WHY WON’T SENATE VOTE TO REPEAL OBAMACARE?

Harry Reid Blocks Senate ObamaCare Repeal Vote http://politicaloutcast.com/2012/07/harry-reid-blocks-senate-obamacare-repeal-vote/
Political Outcast – Gary DeMar – 7/13/2012

A vote was taken the other day in the House of Representatives to repeal Obamacare.

The repeal bill went through on a 244–185 vote. Five Democrats ended up fleeing the liberal plantation. Reps. Mike Ross, D-Ark.; Dan Boren, D-Okla.; Mike McIntyre, D-N.C.; Larry Kissell, D-N.C.; and Jim Matheson, D-Utah, all voted yes to repeal.

The problem is that Harry Reid (D-NV) will not allow the vote to come to the floor in the Senate. Both houses have to approve the repeal. What is Harry Reid afraid of?

Northwoods Patriots - Standing up for Faith, Family, Country - northwoodspatriotscomm@gmail.com

SELL YOUR HOUSE IN 2013 AND PAY THE 3.8% OBAMACARE TAX

ObamaCare Flatlines: Taxes Home Sales – Clobbers Middle-Class Americans http://www.gop.gov/blog/10/04/08/obamacare-flatlines-obamacare-taxes-home
GOP.Gov Blog – 4/8/2010

Beginning January 1, 2013, ObamaCare imposes a 3.8% Medicare tax on unearned income of “high-income” taxpayers which could apply to proceeds from the sale of single family homes, townhouses, co-ops, condominiums, and even rental income, depending on your individual circumstances and any capital gains tax exclusions. Importantly, the “high income” thresholds are not indexed for inflation so will reach increasing numbers of middle-class taxpayers over time.

This new ObamaCare tax is the first time the government will apply a 3.8 percent tax on unearned income. This new tax on home sales and unearned income and other Medicare taxes raise taxes more than $210 billion to pay for ObamaCare. The National Association of Realtors called this new Medicare tax on unearned income “destructive” and “ill-advised” and warned it would hurt job creation.

Northwoods Patriots - Standing up for Faith, Family, Country - northwoodspatriotscomm@gmail.com

Tuesday, July 3, 2012

OBAMACARE DID NOT ORIGINATE IN THE HOUSE

60 Second Scoops – Art Kelly –7/3/2012
Michael Patrick Leahy of Nashville, co-founder of the Nationwide Tea Party Coalition, has spotted another serious flaw in the Supreme Court ruling on Obamacare.

Chief Justice John Roberts’ odd decision to call the individual mandate in Obamacare a “tax” has made the law a violation of Article 1, Section 7, of the Constitution, which requires, “All bills for raising revenue shall originate in the House of Representatives.”

The only thing aboutht e bill that originated in the House was the bill number, H. R. 3590, as every word in the bill was transformed through a Senate amendment.

Not one word of the law actually originated in the House of Representatives, including the penalty for not purchasing health insurance.

When HR 3590 came back to the House after having been made totally different by amendment, no one argued that it violated the constitutional requirement that tax bills originate in the House because it was not considered a tax bill.

But Roberts’ edict makes the law vulnerable to new judicial challenges.


Northwoods Patriots - Standing up for Faith, Family, Country - northwoodspatriotscomm@gmail.com

Sunday, July 1, 2012

THE POWER TO TAX IS THE POWER TO DESTROY

Using the Power to Destroy us Through Taxation for 200 Years
Godfather Politics – Gary DeMar – 6/30/2012
The phrase “the power to tax is the power to destroy” came out of that decision. It was used by Daniel Webster (1782-1852), who in arguing the case said, “An unlimited power to tax involves, necessarily, a power to destroy.” (17 U.S. 327 [1819]). In his decision, Chief Justice Marshall wrote: “That the power of taxing it [the bank] by the States may be exercised so as to destroy it, is too obvious to be denied” (p. 427), and “That the power to tax involves the power to destroy … [is] not to be denied” (p. 431).
Governments are all about power and money. People with power want money, and people with money want power. Almost every political decision that has ever been made can often be reduced to (1) who benefits monetarily and (2) who benefits with more power and authority over other people. That’s why our founders tried to limit the power and taxing authority of the national government with a Constitution.
READER COMMENT: HERE ARE SOME OF THE TAXES WE ALREADY PAY:
1. Accounts Receivable Tax
2. Accounting and Tax Preparation (cost to taxpayers $300 billion)
3. Accumulated Earnings Tax
4. Accumulation Distribution of Trusts
5. Activity Fee (Dumping Permit Fee)
6 . Air Tax (PA coin-operated vacuums)
7. Aircraft Jet Fuel Tax
8. Aircraft Excise Tax
9 . Alcohol Fuels Tax
10. Alcoholic Beverage Tax
11. Alternative Minimum Tax – Amt
12. Ambulance Services (Air Ambulance Services, SD)
13. Ammunition Tax
14. Amusement Tax (MA, VA, MD)
15. Animal Slaughter Tax (WI, others, Per Animal)
16. Annual Custodial Fees (Ira Accounts)
17. Ballast Water Management Fee (Marine Invasive Species)
18. Biodiesel Fuel Tax
19. Blueberry Tax (Maine)
20. Bribe Taxes (Pay If You Dare)
21. Brothel licensing fees (NV – $35,00000 per year per brothel)
22. Building Permit Tax
23. Capital Gains Tax
24. California Interstate User Diesel Fuel Tax
25. California Redemption Value (Can and Bottle Tax)
26. CDL License Tax
27. Charter Boat Captain License
28. Childhood Lead Poisoning Prevention Fee
29. Cigarette Tax
30. Cigarette Tax Stamp (Acts) (Distributors)
31. Compressed Natural Gas Tax
32. Commercial Activity Tax (OH – for Service Providers)
33. Corporate Income Tax
34. Court Fines (Indirect Taxes)
35. County Property Tax
36. Disposable Diapers Tax (Wisconsin)
37. Disposal Fee (Any Landfill Dumping)
38. Dog License Tax
39. Duck Hunting Tax Stamp (PA, others)
40. Electronic Waste Recycling Fee (E-Waste)
41. Emergency Telephone User Surcharge
42. Environmental Fee (CA – HazMat Fees)
43. Estate Tax (Death Tax, to be reinstated)
44. Excise Taxes
45. Facility Fee (CA – HazMat Fees)
46. FDIC tax (insurance premium on bank deposits)
47. Federal Income Tax
48. Federal Unemployment Tax (FUTA)
49. Fiduciary Income Tax (Estates and Trusts)
50. Fishing License Tax
51. Flush Tax (MD Tax For Producing Wastewater)
52. Food License Tax
53. Fountain Soda Drink Tax (Chicago – 9%)
54. Franchise Tax
55. Fresh Fruit (CA, if Purchased From A Vending Machine)
56. Fuel Gross Receipts Tax (Retail/Distributor)
57. Fuel Permit Tax
58. Fur Clothing Tax (MN)
59. Garbage Tax
60. Gasoline Tax (475 Cents Per Gallon)
61. Generation-Skipping Transfer Tax
62. Generator Fee (Recycled Waste Fee)
63. Gift Tax
64. Gross Receipts Tax
65. Habitat Stamp (Hunting/Fishing in some states)
66. Hamburger Tax (Ask Huckabee)
67. Hazardous Substances Fees: Generator, Facility, Disposal
68. Highway Access Fee
69. Household Employment Taxes
70. Hunting License Tax
71. Illegal Drug Possession (No Carolina)
72. Individual Income Tax
73. Inheritance Tax
74. Insect Control Hazardous Materials License
75. Insurance Premium Tax
76. Intangible Tax (Leases Of Govt. Owned Real Property)
77. Integrated Waste Management Fee
78. Interstate User Diesel Fuel Tax
79. Inventory Tax
80. IRA Rollover Tax (a transfer of IRA money)
81. IRA Early Withdrawal Tax
82. IRS Interest Charges
83. IRS Penalties (Tax On Top Of Tax)
84. Jock Tax (income earned by athletes in some states)
85. Kerosene, Distillate, & Stove Oil Taxes
86. Kiddie Tax (Child’s Earned Interest Form 8615)
87. Land Gains and Real Estate Withholding
88. Lead Poisoning Prevention Fee (Occupational)
89. Lease Severance Tax
90. Library Tax
91. Liquid Natural Gas Tax
92. Liquid Petroleum Gas Tax
93. Liquor Tax
94. Litigation Tax (TN Imposes Varies With the Offense)
95. LLC/PLLC Corporate Registration Tax
96. Local Income Tax
97. Lodging Taxes
98. Lump-Sum Distributions
99. Luxury Taxes
100. Make-Up Tax (Ohio, applying in a salon is taxable)
101. Marriage License Tax
102. Meal Tax
103. Medicare Tax
104. Mello-Roos Taxes (Special Taxes and Assessments)
105. Migratory Waterfowl Stamp (addition to hunting license)
106. Minnow Dealers License (Retail – For One Shop)
107. Minnow Dealers License (Distributor – For One+ Shops)
108. Mobile Home Ad Valorem Taxes
109. Motor Fuel Tax (For Suppliers)
110. Motor Vehicle Tax
111. Music and Dramatic Performing Rights Tax
112. Nudity Tax (Utah)
113. Nursery Registration (Buying and selling plants)
114. Occupancy Inspection Fees
115. Occupation Taxes and Fees (Various Professional Fees)
116. Oil and Gas Assessment Tax
117. Oil Spill Response, Prevention, And Administration Fee
118. Parking Space Taxes
119. Pass-Through Withholding
120. Pay-Phone Calls Tax (Indiana)
121. Percolation Test Fee
122. Personal Property Tax
123. Personal Holding Company (undistributed earnings)
124. Pest Control License
125. Petroleum Business Tax
126. Playing Card Tax (Al)
127. Pole Tax (TX – A $5 Cover Charge On Strip Clubs)
128. Profit from Illegal Drug Dealing
129. Property Tax
130. Property Transfer Tax (DE, ownership transfer between parties)
131. Prostitution Tax (NV – Prostitute Work Permits)
132. Poultry Registered Premises License (Sales License)
133. Rain Water Tax (Runoff after a Storm)
134. Rat Control Fee (CA)
135. Real Estate Tax
136. Recreational Vehicle Tax
137. Refrigerator and Freezer Recycling Fees
138. Regional Transit Taxing Authority (Trains)
139. Road Usage Tax
140. Room Tax (Hotel Rooms)
141. Sales Tax (State)
142. Sales Tax (City)
143. Sales And Use Tax (Sellers Permit)
144. School Tax
145. Service Charge Tax
146. Self Employment Tax
147. Septic And Drain Field Inspection Fees
148. Sex Sales Tax (UT, when nude people perform services)
149. Sewer & Water Tax
150. Social Security Tax
151. Sparkler and Novelties Tax (WV Sellers of Sparklers, etc)
152. Special Assessment Tax (Not Ad Valorem)
153. State Documentary Stamp Tax on Notes (FL RE Tax)
154. State Franchise Tax
155. State Income Tax
156. State Park Fees
157. State Unemployment Tax (SUTA)
158. Straight Vegetable Oil (SVO) Fuel Tax
159. Stud Fees (Kentucky’s Thoroughbred Sex Tax)
160. Tangible Personal Property Tax
161. Tattoo Tax (AR Tax On Tattoos)
162. Telephone 911 Service Tax (some states)
163. Telephone Federal Excise Tax
164. Telephone Federal Universal Service Fee Tax
165. Telephone Federal Surcharge Taxes
166. Telephone State Surcharge Taxes
167. Telephone Local Surcharge Taxes
168. Telephone Minimum Usage Surcharge Tax
169. Telephone Recurring Charges Tax
170. Telephone Universal Access Tax
171. Telephone Non-Recurring Charges Tax
172. Telephone State Usage Charge Tax
173. Telephone Local Usage Charge Tax
174. Tire Recycling Fee
175. Tobacco Tax (Cigar, Pipe, Consumer Tax)
176. Tobacco Tax (Cigar, Pipe, Dealer Tax)
177. Toll Road Taxes
178. Toll Bridge Taxes
179. Toll Tunnel Taxes
180. Tourism or Concession License Fee
181. Traffic Fines (Indirect Taxation)
182. Transportable Treatment Unit Fee (Small Facility)
183. Trailer Registration Tax
184. Trout Stamp (Addendum To Fish License)
185. Use Taxes (On Out-Of-State Purchases)
186. Utility Taxes
187. Unemployment Tax
188. Underground Storage Tank Maintenance Fee
189. Underpayment of Estimated Tax (Form 2210)
190. Unreported Tip Income (Social Security and Medicare Tax)
191. Vehicle License
192. Vehicle Recovery Tax (CO, to find stolen cars)
193. Vehicle Registration Tax
194. Vehicle Sales Tax
195. Wagering Tax (Tax on Gambling Winnings)
196. Waste Vegetable Oil (WVO) Fuel Tax
197. Water Rights Fee
198. Watercraft Registration Tax
199. Waterfowl Stamp Tax
200. Well Permit Tax
201. Wiring Inspection Fees
202. Workers Compensation Tax
Northwoods Patriots - Standing up for Faith, Family, Country - northwoodspatriotscomm@gmail.com

Saturday, June 30, 2012

IS THIS THE CORRECT INTERPRETATION ON OBAMACARE?

The Chief Justice Done Good
http://www.americanthinker.com/2012/06/the_chief_justice_done_good.html
American Thinker – Dov Fischer – 6/29/2012

This article is for those of us not trained in law and highlights four salient points to think about regarding ObamaCare and the recent Supreme Court Ruling.

First, almost completely unnoticed, the Chief Justice voted with his four conservative colleagues in drawing an unprecedented red line against Washington wielding the Constitution's Commerce Clause in the future to justify federal intrusion into the personal lives of Americans. This decision will restrict American Presidents and future Congresses for a generation and more.

There is now a formal United States Supreme Court opinion on the books, holding that the federal government may not wield the Commerce Clause to impose on American citizens the obligation to buy health insurance or anything else we do not want.

Chief Justice Roberts returned Obamacare front-and-center back into the November elections debate. Defining it for what it really is -- a new, enormous federal tax on at least four million Americans

Third, the Chief Justice has shifted the spotlight back onto Congress, primarily focusing its glare on the Democrat-run U.S. Senate, only four months before the elections.

Fourth, the Chief Justice, while permitting the federal government to offer states more money to expand their Medicaid rolls beyond their fiscal capabilities, joined with his four conservative colleagues in banning Washington from penalizing states that turn down the federal inducements to march towards bankruptcy. As a result, the working poor will find that the federal government, while taxing them to buy new health coverage, has been left without a mechanism to compel others to pay for the ObamaCare state insurance exchanges. So the feds will have to pay for it in non-cooperating states that are more fiscally prudent. Only more taxes can pay for those costs.

Northwoods Patriots - Standing up for Faith, Family, Country - northwoodspatriotscomm@gmail.com

Friday, June 29, 2012

ALL THAT GLITTERS


ALL THAT GLITTERS …                                                          06/28/12


The news Thursday from the Supreme Court was, on first blush, very disappointing.   It upheld the constitutionality of an extremely unpopular law that will ultimately not only break the economy, but drive talented doctors from the field and reduce the state of US medical care to that of a European socialist model. 
However, upon further reflection, the healthcare decision could turn out to have positive consequences for those who believe in the efficacy of a free market economy.   In explaining the majority decision, Chief Justice Roberts noted that the individual mandate, though unconstitutional under the “commerce clause,” was legitimized under the power of Congress to levy taxes.  Mr. Obama and his liberal allies in Congress must now explain why they so vigorously and conclusively denied even the possibility that the individual mandate could, in any way, be considered a tax.  They will now have to admit that either they were naïve on the point or were lying outright to the American public.  What little Mr. Obama has released about his past includes an assertion that he was a constitutional scholar, who actually taught the subject at the college level.  As such, how could he not have known that the mandate might be construed as a tax?  And, if he really were ignorant on this point, then why did he have his solicitor general argue Congress’ taxing authority as a basis for the mandate before the high court? 

This ruling also means that Obama will be unable to rally his liberal constituency by claiming that only through his re-election could the law be repaired, had it been deemed unconstitutional.   Finally, Thursday’s decision dispelled two widely held myths.  One, the Supreme Court of the United States is not the impenetrable shield that will always protect us from the excesses of government or from becoming a totalitarian state altogether.  And two, Chief Justice John Roberts is neither the strict constructionist nor the conservative most court observers believed him to be.
In the end, the Healthcare decision could prove to be the spark that ignites a generally apathetic public, which now realizes that our last bulwark of defense against government’s abuse of power is no longer the Supreme Court but the ballot box and our own determination to save our Constitution and our republic.   
Bud Kuppenheimer

Northwoods Patriots - Standing up for Faith, Family, Country - northwoodspatriotscomm@gmail.com

Tuesday, March 20, 2012

FARIA: OBAMACARE – POLITICS AND CONSTITUTIONALITY

GOPUSA – Miguel A. Faria, Jr. MD – 3/20/2012

This long article gives a history of attempts at “health care reform.”

Violating the U.S. Constitution to Justify ObamaCare

The U.S. Constitution, unlike the constitutions in other countries or other forms of government, limits the power of the federal government to specifically enumerated powers. Powers that are not specifically granted by the constitution are not authorized. Additionally, the first Ten Amendments to the U.S. Constitution, enshrined as the Bill of Rights, even forbid Congress from passing laws restricting individual freedom.

It has been stated that the "Welfare Clause" in the Preamble to the U.S. Constitution authorizes Congress to distribute entitlements and to redistribute wealth in the form of socialism. But in discussing this clause, Thomas Jefferson wrote, "a distinct substantive power, to do any act which might tend to the general welfare, is to render all the enumerations [of their specific constitutional powers] useless, and to make their power unlimited."

And James Madison, the “Father of the U.S. Constitution,” in a letter to fellow patriot Edmund Pendleton dated January 21, 1792, wrote: "[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." In other words, there is no authorization in the U.S. Constitution for the implementation of socialism in America.

Likewise, our constitution does not authorize the federal government to take over the U.S. health care system. To legally justify the implementation of ObamaCare, particularly the section that forces American citizens to buy health care coverage, congressional democrats and the president have used the (interstate) commerce clause of the constitution (that empowers congress to regulate the interstate commerce among the individual states of the nation).

Again, this "broad construction" (interpretation) of the constitution is tantamount to a usurpation of power that would erase the limits of authority set for the federal government by the framers of our constitution. Nor have specific contravening amendments been passed to legally alter those constitutional limits.

Northwoods Patriots - Standing up for Faith, Family, Country - northwoodspatriotscomm@gmail.com