Sunday, July 1, 2012

The Score is 4 to 4 at the End of the 9th

    Thursday I was watching a baseball game between the Mudville Ducks and the Stratton Log Knockers, the score was 4 to 4 at the bottom of the 9th, two outs and a runner on third base.  The final batter stepped up to home plate, placed his kicking tee in the batters box then set his football on the tee.  He looked over the field, checked the wind and took a few steps back.  He paused for a moment then with three quick long strides he kicked the ball.  The ball sailed long and true through the goal post.  He scored.

    Did I lose you?  That how I felt after reading Chief Justice Roberts decision on Obama Care. 

    There was actually a very simple question placed before the court, “Is the health care individual mandate and penalty for non-participation constitutional under the commerce clause”?  Can the federal government direct the public to engage in financial transactions with a third party or face a fine for not engaging in the directed transaction?  This is how the mandate was applied in the health care act. This is the understanding when the senate and house voted on the act.  The mandate was not referred to as a tax in the legislation. In fact President Obama even stated on numerous occasions that the mandate was not a new tax (along with his promise not to raise taxes on the middle class). 

    Instead of answering the question Chief Justice Roberts chose to decide whether the mandate was a tax or not.  This question was never truly argued during the proceedings.  President Obama already said it wasn’t a tax and he’s the one that signed it into law.  Is CJ Roberts saying Obama doesn’t know what he’s signing into law?     

    Now the question begs.   If President Obama persist that the mandate is not a new tax on all citizens (low income, middle class, the rich) is the mandate then void by virtue of presidential decree?    

    A tax is levied to raise revenue.  A penalty is levied to deter behavior.  Under the health care law you must purchase heath care insurance or pay a penalty for not complying with the government directive (Do as we say or else).  Sounds like deterring behavior to me.  You would think a legal learned mind could see this as clearly as I do.   

     By the ruling set down by the court the mandate should have been struck down with the offer to reinstitute the mandate if it was formally processed through the legislative branch as a tax in accordance with article 1 section 7 and 8 of the Constitution of the United States.  Also as a tax it must be applied uniformly and equally, no wavers for specific unions or states.  A waver must be equally applied to all. 
  
    Justice Roberts, I’d like to give you a bit of fatherly advice.  When you step up to the plate, take your bat and make your swings… if not, take your little kicking tee, your little football and go sit on the bleachers…

Till next time,

The TOMCAT

No comments:

Post a Comment