Thursday, June 28, 2012

Missouri Governor Candidate Bill Randles Reacts to SCOTUS Obamacare Decision


The Supreme Court's Obamacare Decision: An Absurd Piece of Legal Theater

In a lengthy ruling today, the US Supreme Court used an avalanche of verbiage to obscure a dangerous outcome.  With the exception of one Medicaid provision, the High Court ultimately upheld the entirety of the Obamacare statute, including the individual mandate.  Though the Court found that the individual mandate failed under both the Commerce and Necessary and Proper Clause, it found it survived under the power to tax.  Though the Obama Administration consistently argued that it was not a tax, that gave no pause to the Court or the administration. 
This unprecedented extension of the federal tax power should frighten every American.  Under this reasoning, the federal government can use the power of a selective punitive tax to accomplish virtually any goal it wants.  In other words, it can pass unconstitutional requirements or restrictions on personal behavior and so long as it enforces it as a tax on those who do not comply this Court will uphold it.  Since this Court allows punishment of citizens who do not buy a product, this Court has now elevated the power to punitively and selectively tax above other explicit limitations on federal power.  Where would this stop?  A punitive tax on printing presses of newspapers who do not comply with federal rules?  A punitive tax on churches whose teachings do not comply with administration preferences?  Once the Court elevates the power to tax above the explicit limitations of federal power and the Constitution, it renders those limitations virtually meaningless. 
This opinion finding this ground to uphold an unconstitutional statute may be deemed clever by the left, but is extraordinarily dangerous.  From here on, you will see extensions of federal power couched in taxation terms.  History will regard this opinion as a low point for the Supreme Court.  The consequences of this ill-advised opinion will come home to roost shortly.
To conservatives this opinion should reinforce two key convictions.  First, elections matter.  We must replace the President with someone who will appeal Obamacare and appoint Supreme Court justices with a realistic view of the Constitution.  We must also now elect governors who will redouble their efforts to stand against federal overreach – especially since the Supreme Court has made clear it will be of no help in resisting unconstitutional laws.  Second, this opinion illustrates the desperate need to eliminate the income tax.  The Court has essentially given the federal government a green light to use the tax code to abusively extend federal power.  All liberty loving Americans should now realize the urgency of constitutionally eliminating the income tax at both the federal and state levels. 

Bill Randles
GOP Gubernatorial Candidate

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