
07/07/12
Once again the media is all abuzz about something and almost everybody is totally missing the most important point.
Last
week the U.S. Supreme Court, via John Roberts, ruled that The
Affordable Health Care Act (Obamacare) was indeed constitutional under
the 16
th Amendment, the Income Tax Amendment.
Now, everyone, is all worried about how this is going to impact their..
.fill in the blank: insurance,
healthcare, taxes, candidate’s chances of winning in November…whatever.
What everyone seems to be missing is the fact that this ruling has
unleashed two completely new animals upon the land… the
"tax-mandate" and the “
tax-fine.”
This
is nothing like a regular tax-penalty, you only incur a tax-penalty by
doing something wrong that involves the reporting, filing, or paying of
your income taxes regardless of how those taxes are incurred.
This new
“tax-fine,” that Justice Roberts has created, on the other hand, is a penalty for violating some
"tax-mandate"
that does not need to be related to the reporting or collection of
taxes at all. It could be anything. And, apparently, it doesn't need to
comply with anything else in the constitution other than the 16
th Amendment. As long as it is enforced by the Internal Revenue Service it is, by definition, constitutional.
In
the good old days, if you didn’t make any money, or just a little
money, then you didn’t have to pay the government anything. Those days
are over. Now, every year, even before you’ve earned your first penny,
you owe the federal government money and it’s up to you to do, or not
do, what the federal government tells you to do, or not do, in order to
avoid that
tax-fine. Right now that just means that you have to
buy a health insurance policy that meets the government’s standards.
Well, ok, you also have to prove that you purchased that policy and that
it meets all of those ever-changing government standards…, but that’s
all…for now.
I say, “for now”, because anybody that thinks that
the government is NOT going to use these brand new tools for a whole
slew of initiatives, programs, enhancements, controls, and intrusions
just as fast as they can get them down on paper and onto the legislative
floor just doesn’t understand how our legislative system works. I’m
sure lobbyists are already lining up at our legislators’ doors with all
kinds of requests and huge campaign donations. Just think, the
government can now tell you what to do and what to buy under the 16th
Amendment without all those pesky constitutionality questions getting in
the way! John Roberts and the Supreme Court have cleared the way, let
the 21st Century Gold-Rush begin!
It will start with things we all
agree on: Did you replace the batteries in your smoke detectors? Prove
it or pay up! Did you recycle your recyclables? Prove it or pay up!
...But it will eventually move into grayer areas like: Did you get your
recommended health checkups? Prove it or pay up! Did you you get your
regular dental cleanings & checkups? Prove it or pay up! Did your
children get their required vaccinations? Prove it or pay up! Did your
pets get theirs? Prove it or pay up! Did you get the recommended
maintenance on your vehicle? Prove it or pay up! Did you drive the speed
limit? (thanks
Progressive Insurance) Prove it or pay up! Did
you change your furnace filter regularly? Prove it or pay up! Did you
get to work on time? Prove it or pay up!
Some might say that we
already have that. Their usual example is auto insurance: We are already
required to provide proof of insurance to register our vehicles each
year. There is a difference, however: The IRS doesn’t come after
you if you fail to buy auto insurance. You don’t automatically owe the
government money if you choose not to buy auto insurance. If you are
caught out on the roadways without insurance, then you are charged with a
crime and provided with due process as detailed under the 5
th
Amendment to the Constitution. (Look for an “auto insurance mandate” to
be one of the first
“tax-mandates” issued to remove this flaw from
their example.)
And that brings up the 2
nd big change
that the “Robert’s Ruling” has wrought in U.S. law: Forget about
“innocent until proven guilty” or “the right to a speedy and public
trial, by an impartial jury” or any other pesky “due process” rights.
Now it’s, “guilty until you prove yourself innocent to some government
bureaucrat”.
Since a
tax-fine is a legal penalty for
failing to comply with the law, will failure to pay this fine result in
jail time like with all other fines? If you are late paying your tax
bill and that bill includes a
tax-fine, will they haul you off
to jail rather than just send you a bill or, at worst, garnish your
wages. like they do now? And, does a
tax-mandate violation go
on your permanent record? (You did break the law after all, even if you
did pay the fine on time.) And, will you have to disclose all your past
tax-mandate violations on employment and license applications? Will outstanding
tax-fines
come up on your credit report or on the computer screen of the police
officer who just pulled you over? And, can the IRS search your records
to see if you are guilty of a
tax-mandate violation without a
warrant? I mean, they don’t need a warrant to conduct an audit, do they?
So, if they suspect that you might be guilty of a
tax-mandate
violation, couldn’t they just demand to see all of your records at any
time without showing any kind of probable cause? I know that they can do
that now and get you for tax evasion but with
tax-fines, if
each “proof of compliance” doesn’t hold water, like a health insurance
policy that doesn’t cover abortions for example, will that result in
additional charges, fines and jail time or will they all just be
prosecuted as tax evasion? …
So many questions!
Some would
say that, as a practical matter, constitutional rights are a thing of
the past anyway, that the 16th Amendment already took away most of those
rights and that whatever rights we had left have long since been
destroyed by the convoluted ”logic” of the judicial elite that have
controlled our government since its early days (Google "Wickard v
Filburn").
I don’t completely disagree, but still, I find the
Roberts' Ruling remarkable. It is sad and tragic beyond words. This may
be nothing less than the final nail in the coffin of what was a brief
brilliant flash of human dignity and goodness in an otherwise relentless
human saga of brutish oppression, slavery and suffering. That brief
flash being a constitutional government that, for the first time in
history, enshrined the ideals of individual liberty, equal human rights,
and a free market; a country that made great and unprecedented strides
towards achieving a better way of life for mankind; a time that spawned a
truly miraculous, almost magical, explosion of innovation and wondrous
technology.
Our Constitution now lies bleeding on the floor after a
cowardly betrayal by utter fools who destroyed that which they swore to
protect.
All the conservative pundits on TV and radio say that
all we have to do to correct this injustice is to repeal Obamacare.
Repealing Obamacare won’t do a thing to undo this new precedent, this
brand new “
tax-fine” that guts our Constitution and marks the end of the most glorious era in human history.