patching...
Update: Have an announcement or event you want to promote? We've got a tool for that.
Welcome back, Patch Blogger!
Local Voices
Associate Counsel, Wisconsin Institute for Law & Liberty-Tom's views are solely his own, not WILL's

Congress Planning New Mandates Under Court-Approved Taxation Power

In the wake of the Supreme Court’s decision upholding the individual mandate of President Obama's "Affordable Care Act" as a "tax," Congressional leaders have responded with an ecstatic flurry of proposals for new laws making use of this newfound authority.  "The sky’s the limit!" cried Senator Orrin Hatch (R-Utah), when he heard the news.  "The Supreme Court has just given us the OK to make Americans do anything we want, so long as we attach a penalty if they don’t do it and call it a tax."

For example, most economists blame the 2008 recession and the continuing economic malaise on the crashed housing market, which has been slow to recover. Senator Harry Reid (D-Nevada) has suggested placing a tax on anybody who does not own a home, which would have the effect of boosting sluggish home sales and reinvigorating the construction industry.  "We’d mandate that everybody own a home," he explained, “and place a tax on everybody who didn’t. We’d then use that tax money to buy houses for people who can’t afford them."

The Court’s decision to uphold the ACA under the taxation power instead of the commerce clause has opened up a realm of new possibilities for the federal government.  First Lady Michelle Obama is already considering what this ruling means for her war on childhood obesity.  "The opponents of my husband’s visionary efforts always complained that if we could make them buy health insurance, we could make them buy broccoli," she said. "They were right, but under the commerce clause, we couldn’t actually make them eat it. Under this ruling, we can simply tell people exactly what they have to eat every day, and levy a hefty fine – we’ll call it a tax – if they don’t."

Republicans have their own ideas, too.  "We’re working on a great new way to combat the growing crime problem," Senator Mitch McConnell (R-Kentucky) told us.  "We thought if the court upheld Obamacare under the commerce clause, when we were back in power we’d at least mandate that everybody buy a gun.  Now, we can not only mandate that, we can mandate that Americans carry a loaded gun with them everywhere they go, and even mandate that they respond to any crime they see with force." 

The Republicans' plan would use tax money generated on penalties for noncompliance to fund police services.  "Democrats always justified Obamacare by complaining about the costs imposed on others by people who don’t get insurance.  Well, people who don’t carry protection impose costs on others, too, by becoming victims of crime and encouraging more criminal behavior," McConnell explained.

Other ideas that have been tossed around include combating youth unemployment by mandating that all homeowners hire a neighborhood kid to provide daily lawn care services, and dealing with air pollution by mandating that everybody walk, bike, or take public transportation to and from work.

Don Niederfrank

12:04 pm on Thursday, June 28, 2012

LOL! Thanks, Tom. Worthy of the Onion.

Reply
Comment_arrow

jbw

2:56 pm on Friday, June 29, 2012

Is it wrong that I thought this article was completely legitimate? It's close enough to the truth to be more a suggestion than a parody.

James R Hoffa

1:23 pm on Thursday, June 28, 2012

Indeed, the SCOTUS provided us with a most dangerous precedent today - the federal government can demand that its citizens do whatever those in power want them to do or punish the non-compliant with a tax. Funny how they exempted state governments from complying with the law, but not the individual people, unless you're Native American or Amish - truly, the freest people in this country today. The slippery slope of this precedent is infinite in scope and easily abused. What the hell was the Court thinking?!?! It's potentially the end of freedom as we once knew it.

Sad day for America!

Reply

Kevin Presser

4:27 pm on Thursday, June 28, 2012

Since the EPA has been allowed to classify carbon dioxide as a pollutant, Congress can establish a breathing tax on every human being, for expelling carbon dioxide as part of the staying alive process of breathing. Except they won't call it a breathing tax, they will call it a carbon tax. Maybe they can organize a cap and trade of those who expel more carbon dioxide than others, say those who run and have a high aerobic capacity. Can you see where I'm going with this? And while the sarcasm is evident, this could actually come to pass if we continue to stop using common sense in this country.

Reply

$$andSense

9:56 pm on Thursday, June 28, 2012

I have got to LOL. All you strict "conservatives" and "liberals" have been posting about one side or the other having all the cards. Suck it up boys and girls, we are ALL going to get to get it up the poop chute. Hope it doesn't hurt too bad.

Reply
Comment_arrow

Greg

10:19 pm on Thursday, June 28, 2012

All this worldly wisdom was once the unamiable heresy of some wise man.

Walrus99

8:52 am on Friday, June 29, 2012

There is already a tax on people who don't own houses. It's not being able to claim a tax deduction for mortgage interest.

Reply

Johnny Blade

10:47 am on Friday, June 29, 2012

RichMP .. are you ignorant ... but you don't pay for schooling if you don't own a house ... anyhow income tax is unconstitutional .. Taxation is Slavery, what don't ignorant people not understand

Reply
Comment_arrow

jbw

2:41 pm on Friday, June 29, 2012

Hah, so schools have no money in areas with rental housing? Ask your landlord how much of your rent is passed through to property taxes and what percentage of that goes to schools.

sparky

12:17 pm on Friday, June 29, 2012

I love it! Now felons will be required to carry loaded firearms.

Reply

Greg Huegerich

12:19 pm on Friday, June 29, 2012

It is a very slippery slope, first healthcare, next ... Who knows? They might try to tax people based on the value of their real estate and use the proceeds to fund education.

Its a dangerous world we live in....

Reply
Comment_arrow

Tom Kamenick

1:14 pm on Friday, June 29, 2012

Except, of course, that the power to tax real estate has (thus far, at least) been denied to the federal government.

The federal government is a government of enumerated, limited, powers. It was built by the founders to have absolutely no authority unless the Constitution specifically granted it. Whereas the states, sovereign in their own right, had governments of plenary powers - they are able to do anything unless the Constitution specifically prohibits it.

That concept suffered another serious blow yesterday, as the Court gave its imprimatur to Congress acting well outside its enumerated powers to prohibit or mandate behavior it has absolutely no authority to regulate, so long as it attaches a penalty and calls it a tax.

Comment_arrow

Greg

1:19 pm on Friday, June 29, 2012

Tom, You wanted hope and change.

Comment_arrow

Tom Kamenick

2:48 pm on Friday, June 29, 2012

If you're thinking I support or supported Obama, no. Not sure where you got that idea.

Comment_arrow

Greg

2:54 pm on Friday, June 29, 2012

Just funnin', I hope you did not kick your dog or something.

Comment_arrow

Greg Huegerich

4:09 pm on Friday, June 29, 2012

"If Obama can force you to get health insurance just by calling it a tax, than there is nothing to stop him from making you gay marry an illegal immigrant wearing a condom on a hydroponic pot farm powered by solar energy" -- Stephen Colbert

patchreader 123

1:30 pm on Friday, June 29, 2012

It is a loss for the Constitution - our Constitution.

The ACA could not have been held constitutional under the Commerce Clause, as there was no possible way to define the non-purchase of services as interstate commerce.

No legal precedent exists for holding it constitutional under the Taxation Clause. The non-purchase of services does not qualify as one of the taxations currently permitted under the Constitution, namely direct, excise or income taxation.

Now, through an incoherent decision by Chief Justice Roberts, we have a dangerous legal precedent for using the Taxation Clause to further erode our civil liberties. Such a precedent, handed down by this nation's highest court, will survive any possible repeal by Congress of the ACA.

Reply
Comment_arrow

patchreader 123

1:31 pm on Friday, June 29, 2012

Meanwhile, Congress passes and the President signs into law in February of this year, the FAA Modernization and Reform Act. This new law essentially opens the U.S. skies to domestic surveillance drones (the same drones used by our military over-seas) without any concern for U.S. citizens’ privacy rights.

Add to this, the Citizens United SCOTUS Decision of 2010 - which effectively erodes the voting power of U.S. citizens not having large sums of money to contribute to the election campaigns of our elected or prospective elected officials.

Thus, while the vast majority of the U.S. public is distracted by engaging in party-line, divisive partisan argument, all fueled by our main stream media, our civil liberties are slowly eroding before our eyes.

Comment_arrow

Tom Kamenick

2:51 pm on Friday, June 29, 2012

Patchreader 123, Citizens United protects personal liberties. The law overturned in that case prevented ordinary individuals from pooling their resources in a joint effort to speak on a political issue. If you value personal liberties, you want a government that does NOT try to dictate who can and cannot speak on political subjects.

The solution to speech you do not like (corporate political ads) is not banning that speech, it is engaging in more speech.

Comment_arrow

jbw

2:52 pm on Friday, June 29, 2012

I don't get why the government can't seem to keep basic information about me straight and current across more than one department, or why the IRS depends on me to tell it what I think I owe in taxes each year. A chilling effect of Big Brother, indeed.

So we are headed for a future where the government may not know my current address or profession, but can confirm with aerial drones that a human heat signature is inside my living room for part of the day. Oh, and they can pay for that information by taxing me for not buying a TV or cable service, if I bothered to tell the IRS about it and chose to send them the money.

Comment_arrow

patchreader 123

7:31 pm on Friday, June 29, 2012

"Citizens United protects personal liberties." I disagree.

An "association of individuals," as used to define a corporation within the Citizens United decision, is a distortion to say the least. Do you, as a shareholder of any stock that you may own as an “ordinary individual” per your language, have any say in whom the underlying corporation finances and supports in an election?

Citizens United merely opened the floodgate to the corporate finance of elections, all under the skewed pretense that corporations have purported freedom of speech rights.

Comment_arrow

patchreader 123

7:32 pm on Friday, June 29, 2012

As aptly stated by Justice Stevens within his dissent of Citizens United: "In the context of election to public office, the distinction [regarding freedom of speech] between corporate and human speakers is significant. Although [corporations] make enormous contributions to our society, corporations are not members of it. They cannot vote or run for office. Because they may be managed and controlled by nonresidents, their interests may conflict in fundamental respects with the interests of eligible voters. The financial resources, legal structure, and instrumental orientation of corporations raise legitimate concerns about their role in the electoral process. Our lawmakers have a compelling constitutional basis, if not also a democratic duty, to take measures designed to guard against the potentially deleterious effects of corporate spending in local and national races.”

You appear critical of the Obamacare SCOTUS decision, yet believe that the Citizens United decision is sound? Both are an aberration of stare decisis.

Tom Kamenick

8:48 pm on Friday, June 29, 2012

A corporation of 2 people (or even 1, which is possible with some corporate entities such as LLCs) is as much a corporation as a corporation with 10,000 owners. The law overturned by CU affected both equally.

To my mind, government deciding which speakers can speak on political topics is tantamount to tyranny. Why do you want government to have that much control over the people? How can you not value freedom of speech as a personal liberty? How can you not value the ability of individuals to band together (using another liberty, the freedom of association) in order to pool their resources to speak collectively?

I, alone, do not have the resources to get my message out in front of millions. A rich person does. I can join with like minded people, pooling small amounts of money together until our message can compete with the message of individuals who have lots of money by themselves.

Yes, money has a corrupting influence on democracy. That's a feature of democracy that cannot be eliminated without severely dampening our freedom of speech. We can severely restrict direct payments from individuals to candidates and even completely prohibit such donations from corporations to candidates. But we should never try to silence people from expressing their political opinions.

A better way of addressing money's influence is to limit the powers government has. Once gov't can't give favors away, the value of spending money on politics decreases drastically.

Reply

M.S.

8:40 am on Tuesday, July 3, 2012

A corporation's purpose is not political speech. It is to make a profit for shareholders.

These shareholders believe that the corporation can enhance their pocketbook, so they invest in the corporation. But, they may not have common political views. By using corporate cash for political speech, you are diverting money from the stockholders pockets, even if they disagree with the speech being purchased, or feel that they want their money in their own pockets, or in expansion of the business, or are politically apathetic, and don't want to fund speech. These people are being denied access to THEIR money because of a CORPORATE decision.

If the owners of said corporation want to freely associate for the purpose of political speech & influence, they should do so under structures for such associations, such as political action committees. And then the individuals would be subject to the disclosures and limits that apply to all of us with a pulse.

This would help limit the corruptive influence that money has on democracies without limiting the freedom of association of those with common desires who want to pool their money to publicly express their speech. And allow corporate stock holders who don't want to participate to personally control their money.and stay out. You know, individual liberty.

These structures do not limit speech or silence opinions. Instead, it requires people to make the deliberate action of publicly supporting a group that speaks on their behalf.

Reply

Leave a comment