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’1st Draft Of Articles Of Impeachment’ Arrives
Obamacare ‘illegally bypasses Congress, unauthorized IRS power-grab’
WND
Obamacare not only is unconstitutional, it illegally bypasses Congress, infringes on states’ rights and marks an unprecedented and unauthorized expansion of Internal Revenue Service power, according to a brand-new book released today.
In “Impeachable Offenses: The Case to Remove Barack Obama from Office,” New York Times bestselling authors Aaron Klein and Brenda J. Elliott quote scholars and legal organizations contending Obamacare constitutes a clear case of “taxation without representation.”
“Impeachable Offenses” shows Obamacare may violate multiple sections of the Constitution.
While the Obama administration may argue the healthcare legislation was upheld by the Supreme Court, “Impeachable Offenses” reports the White House has been hard at work changing the implementation of key sections of Obamacare without congressional oversight.
Taxation without representation
One part of the Constitution that may be violated is Article 1 Section 9, which stipulates: “No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.”
The section is clarified in the Sixteenth Amendment: “The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.”
The Supreme Court ruled the health-care mandate under the legislation is a tax. However, according to experts cited in “Impeachable Offenses,” this tax does not satisfy any of the three types of valid constitutional taxes – income, excise or direct.
Write Klein and Elliott: “Because the penalty is not assessed on income, it is not a valid income tax. Because the penalty is not assessed uniformly or proportionately, and is triggered by economic inactivity, it is not a valid excise tax. Finally, because ObamaCare fails to apportion the tax among the states by population, it is not a valid direct tax.”
Despite Obama’s public statements that the individual mandate was not a tax, the Supreme Court ruled June 28, 2012, in a 5 to 4 vote, with conservative Chief Justice John Roberts siding with the majority, that the requirement that the majority of Americans obtain health insurance or pay a penalty was constitutional, authorized by Congress’s power to levy taxes.
“The Affordable Care Act’s requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax,” Roberts wrote in the majority opinion. “Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness.”
In a second 5 to 4 vote, again with Justice Roberts joining the majority, the court rejected the administration’s most vigorous argument in support of the law, that Congress held the power to regulate interstate commerce.
The Commerce Clause, the court ruled, did not apply.
However, Klein and Elliott document the White House has been changing the law without involving Congress following the Supreme Court ruling and that multiple sections of the implementation of Obamacare are unconstitutional.
Reposted with permission.
