Chief Justice Roberts swung the vote in favor of the Affordable Care Act's personal mandate on the basis of its constitutionality as a tax, as opposed to a penalty. The fascinating thing is, it was never sold as a tax, in fact it was aggressively sold as not a tax.
So what is it, a tax or a penalty? And what should we be concerned with? Speaking for myself, I'm not nearly as concerned with the potential economic impact of ACA's mandate (I've covered that ad nauseam)as I am with the precedent: The allowing of legislation to directly influence our behavior (our freedom if you will) by simply labeling as a tax that which in all practicality is a penalty on personal decisions. You therefore have to wonder what new "taxes" we'll be facing in the years to come...
My friends who support ACA tell me not to sweat it. That the mandate is a must, and that it will not spark what I suggest above. I sincerely hope they're right!
Marty, you are correct to be worried. Your friends who support the ACA and "pooh-pooh" the notion that this will open the door to redifining "taxes" are the reason we are in the situation that we find ourselves in this country. They are either progressives themselves, or ignorant of history.
ReplyDeleteThe incremental (progressive) encroachment into our lives by government regulation at the margins and the subsequent erosion of our liberty is the strategy of progressivism that started slighty over 100 years ago. It's like gaining weight after high school. You don't really notice the 2 or 3 pounds every year. Then, all of a sudden, at your 25th high school reunion you notice that you are 55 pounds heavier.
You say that this redefinition of a tax is a "bigger issue"...and I agree. However, the BIGGEST issue is the progressive loss of our freedoms; freedom to decide how I should spend my hard earned money; freedom to decide how to raise my children; freedom to eat what I want to eat; etc., etc. On this is what we should be focused like a laser.
Progressives will say that a just and fair society should provide for those who can't. A wealthy society should help lift those in need. Housing, food, healthcare, transportation, a job, and a safe and clean environment are fundamental human rights! Well, according to our founding fathers, our "rights" come from God. I don't remeber God discussing the high speed rail, a house with a mortgage rate of 3%, or state of the art healthcare on demand. We have "progressively" broadened the definition of "rights". But, I do think that most would agree that helping those in need of a job, home, food, etc., is a worthy and compassionate thing to do. The question becomes, "why does it have to be, or should it be, government that provides these things?" Individuals, churches, clubs, etc., can also provide these necessities for a comfortable life.
Giving more and more power (progressive) to government, means the individual retains less and less of that power. Taken to the extreme, this leads to autocratic dictatorship. Ask those who lived through the Weimar Rebublic and VOLUNTARILY voted Hitler all power (Enabling Act of 1933).
To paraphrase Ben Franklin and Thomas Jefferson, when you sacrifice your liberty for your security, you lose both, and deserve neither.
Marty, we are truly done as a nation. Indeed what is next? If the majority of congress prefers the iPhone to Android, am I going to loose my right to keep my Galaxy Nexus? I know that is a petty point, but we have lost our rights incrementally. I do not believe the average American realizes how far down that slippery slope we have already plunged.
ReplyDeleteYour Comments How bad is it? Not bad at all for those EXCLUDED from most of the "Affordable Health Care Act". Unions, Federal, State, County and City Employees. Well what precent of the nation's work force is that you ask? I'd say about 60%, which leaves 40% of us to pay the additional incometaxes. But wait, only about half of the 40% or 20% pays taxes! WEALTH TRANSFER.
ReplyDeleteBut wait again. The 80% that thinks they won't be contributing have a big suprise coming. This "BILL" has or will increase the costs of many far reaching companies and products producing anything to do with health, food, or personal needs in general. Yes this is the greatest tax increase in the history of the world. We are another giant sept to becoming Europe.