Tuesday, July 03, 2012
Posted by philmon at Tuesday, July 03, 2012
There is no doubt that the upholding as a punitive tax is the worst part of the decision. The encoding of the idea that Congress can pass laws that penalize people for basically not behaving in a manner consistent with their desires.
While it is true what Roberts is saying here is, "If you don't like it, throw the bums out" --- which is what we intend to do, and it is also true that there is lots of precedent (which I don't like, by the way) for using the tax code to encourage or discourage certain behaviors, as far as I know up until now that meant a tax *break*, in other words, you pay *less* than the going rate. So he probably figured this wasn't doing anything which hasn't already been done, but I disagree.
This is insidiously different, in that it is literally a penalty tax ... a surcharge on .... a lack of desirable behavior.
This leaves "tyranny of a majority" wide open.
Don't despair, though ... we the people are still in charge if we take charge. It is fixable, over time. Amendments have been added, amendments have been repealed. Certainly laws can be repealed. Constitutional Conventions can be called. The founders gave us remedies within the context of the Constitution.
It's going to take a *lot* of education of our friends and neighbors, though, before this thing can be turned.
We've got two choices. Say "fuggit, it's fate, it's over", or try to make it right. What are you going to do?
I, for one, am not about to give up.
Did you know that we can actually float a constitutional amendment that would negate the Roberts opinion that the feds can use punitive taxes?
Yes. We can.
That's just a for instance.
You constantly hear from liberals that the Constitution is a "Living Document". It is. But not the way they mean it. The amendment process is a part of the Constitution. Every amendment is a part of the Constitution. The bill of rights is the first 10 amendments to the Constitution. If we want punitive taxes by the feds to be unconstitutional ... it can be. Just need enough people to fight for it.
I'm not suggesting we bring this up now. We have bigger immediate fish to fry.
But it CAN be done.