NFIB vs Sebelius

[ICantSpellDawg]

Did you read the opinion? It states that the vague line protecting Americans from being compelled to do or not do something was not crossed due to the variance between the tax and the cost of actually purchasing insurance. It determined that, because the tax was so insignificant in relation to the cost of insurance that it did not constitute compulsion. My statement "The power to tax was also further limited to prevent taxes from crossing the line into penalties." means that the decision entrenched the idea that there is a limit on the Federal government's ability to tax you to the point of compulsion; A point at which a tax goes beyond the scope of the enumerated power to tax and becomes a penalty or a force that is not appropriate and reserved to the states, respectively, or to the people.

It would be much easier for you to understand if you read the opinion. 69 pages, about as plainly written as any I've ever read. It is genius in it's simplicity. I won't do it justice because I am not a supreme court justice.

No words by a few people will ever stop the people who don't view the constitution/Federalism as important from attempting to decimate the idea's power within our system. The decision by Roberts shows you how he feels about Federalism and gives you a view of his interpretation of Congressional and SCOTUS authority.

Try to give the editorials a rest until you've read the opinion and you will be much less worried about it. If you listen to what the talking heads are saying afterward, I would be suprised if you don't stop giving some of them much credit in the future. (like Chris Matthews or Ruch Limbaugh for example, as if anyone gives those guys credit)


ALSO - the idea that the Supreme Court has an positive obligation to attempt to uphold congressional decisions based on the Constitution if possible rather than a negative obligation to err on the side of the plaintiff is very important for the future of laws enacted by the Representatives of the people.


"The Affordable Care Act is constitutional in part and unconstitutional in part. The individual mandate cannot be upheld as an exercise of Congress’s power under the Commerce Clause. That Clause authorizes Congress to regulate interstate commerce, not to order individuals to engage in it. In this case, however, it is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income, but choose to go without health insurance. Such legislation is within Congress’s power to tax.
As for the Medicaid expansion, that portion of the Affordable Care Act violates the Constitution by threateningexisting Medicaid funding. Congress has no authority to order the States to regulate according to its instructions. Congress may offer the States grants and require the States to comply with accompanying conditions, but the States must have a genuine choice whether to accept the offer. The States are given no such choice in this case: They must either accept a basic change in the nature of Medicaid, or risk losing all Medicaid funding. The remedy for that constitutional violation is to preclude the Federal Government from imposing such a sanction. That remedy does not require striking down other portions of the Affordable Care Act.The Framers created a Federal Government of limited powers, and assigned to this Court the duty of enforcingthose limits. The Court does so today. But the Court does not express any opinion on the wisdom of the Affordable Care Act. Under the Constitution, that judgment is reserved to the people.
The judgment of the Court of Appeals for the Eleventh Circuit is affirmed in part and reversed in part.
It is so ordered."

These were the final 2 paragraphs of the opinion that were ordered in response to the 2 questions presented to the Court. The commerce clause language is not Dicta but binding language; the "dicta" is just an arguement that Progressives who hate Federalism are suggesting in future attacks on the balance of power as well as what Conservatives who hate progressives are spreading; because they all like an evil Socialist/capitalist conspiracy to keep the rank and file angry/hopeful. The rest of use just want the Feds to do what they are supposed to to and the States to do what they are supposed to do and leave us alone whenever possible.