83 votes

Judge Napolitano: "Individual Mandate Most Bizarre Tax in the History of the Country."

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

Pharmaceutical Puppet

The Supreme Court is not upholding the Constitution, and I knew this was going to happen, especially since Dr. Paul had previously proclaimed that they are not doing a very good job of protecting Individual Liberties.
People have got to start electing those who will "uphold" the constitution, and Mittens or Obama are not the right choice.
It saddens me very much to know that now the Federal Government has a new tax they can go after...It will likely come down the them requiring employers to withdraw it from our pay.
Employers will be required to "collect" this tax from all employees, and if you're unemployed, then that will mean the employed will be paying for the unemployed too.
The hospitals' stocks went up immediately after this announcement, and our troops are protecting the opiates in Afghanistan.
Big Pharmaceuticals are celebrating because now more people will be going to hospitals/doctors which means more people on their meds.
I don't think the founders of the country envisioned the Supreme Court becoming a puppet of big business or the federal government.
Corporate U.S.A. Inc.

I can't even watch the whole

I can't even watch the whole thing. My stomach is turning.

Debbie's picture

What a mess.



i want to go to another planet

We are so screwed.


I want to criticize the Judge

I want to criticize the Judge a tad, for what I think are some illogical gaps in his own Consitutional reasoning.

So, the Judge is a staunch incorporatist. He believes that the 14th amendment extends not only the BOR, but also other vague rights, to the relationship between residents and their states; states can't deny their residents these rights.

Judge Nap also disagrees with the court's current and long-standing opinion on the Takings Clause.

EMTALA, which forces providers to give care to critical patients without POI or a credit check, takes from providers without reimbursement. Now, the SC has ruled that this doesn't violate the TC since no one is forcing a person to become a healthcare provider/hospital, but Judge Nap disagrees with that opinion.

The constitutionaltiy of EMTALA is rock-solid. Either it falls under the General Welfare Clause (making sure people aren't dying on the streets), Commerce Clause (healthcare is a multi-national behemoth that the feds can regulate), the 10th amendment (37 states already had their own versions of EMTALA; 12 states had it on the ballot and were very likely to pass it as this was an incredibly popular measure), the idea that were it not constitutional, it would have passed by amendment since Congress overwhelmingly voted in support of the bill (96-0 in the Senate) and it was already in the books in over 3/4ths of the states, etc.

So isn't the individual mandate basically making sure that EMTALA doesn't violate Judge Nap's view of the takings clause?

Plan for eliminating the national debt in 10-20 years:

Overview: http://rolexian.wordpress.com/2010/09/12/my-plan-for-reducin...

Specific cuts; defense spending: http://rolexian.wordpress.com/2011/01/03/more-detailed-look-a


EMTALA requires hospitals to accept patients for emergency care regardless of ability to pay. One result is that a couple can spend their health insurance dollars on cable tv, get pregnant, and the woman can wait until the baby is kicking and get a no-cost delivery.

fireant's picture

Which was the beginning of the end for free market health care,

and the reason more fedguv intervention is necessary to overcome EMTALA flaws. Never mind the fact that getting the fedgov out of it entirely would let it re-set into something more efficient.

Undo what Wilson did

This isn't an issue of the

This isn't an issue of the free market vs. non free market.

There are countries in this world that have healthcare systems far more socialist, managed, and with a lot more government involvement than ours. Yet, their healthcare is still far cheaper than ours.

Healthcare is something everyone will use; it is nature. Getting everyone to pay into it is enforcing personal responsibility. The other way to force personal responsibility is to let people die on the streets, which is what prompted EMTALA in the first place.

Plan for eliminating the national debt in 10-20 years:

Overview: http://rolexian.wordpress.com/2010/09/12/my-plan-for-reducin...

Specific cuts; defense spending: http://rolexian.wordpress.com/2011/01/03/more-detailed-look-a

RON PAUL Speaks...THE LAWSUIT - New Video


Ian Snow Carpenter

so the FED will

withhold money for other fed programs if the state does not comply. Sounds perfect to me. The state should also not comply with enforcing people to pay any federal taxes as well.

I hope this whole thing turns into 50 states either getting their sovereignty or 50 states just boycotting the federal gov.



tax farming

It's frustrating to hear so many people decrying obamacare as "socialism". A single payer system could be accurately termed "socialist" but mandatory insurance purchase is classic tax farming. Because tax farming is so foreign to American traditions, few are able to identify the practice. When the government forces us to pay tribute to a private party, this is tax farming. The Federal Reserve system is another example of tax farming. The problem with tax farming is that it is inherently oppressive and inevitably impoverishes society. The appetites of rent-seekers are impossible to satisfy and inevitably consume the productive capacity of the populace. To compound the problem, tax farming is inherently parasitic, and does not provide any benefit or product. The destructive nature of tax-farming is readily evident in eastern Europe where the custom has a long history, both under the feudal system and later under communism. In the west, opposition to tax-farming is immortalized in the old children's rhyme: "Hark, hark the dogs do bark, the beggars are coming to town. Some in rags, some in tags and some in velvet gown." The velvet-gowned beggar is the wealthy tax-farmer who lives on public largesse, such as the central banker or crony capitalist of our era. Unfortunately, the neo-conservative Republicans are quite enamored with tax-farming and it seems we will see much more of this anti-capitalist and anti-western scourge in the future. They call it "privatization" as though it were true private enterprise, but behind the facade is the iron fist of the state. How can we encourage potential tax-farmers to enter the free market where talent and excellence rule, and to eschew the dismal mediocrity and shameful beggary of tax farming?

One of the penalties of refusing to participate in politics, is to be governed by inferiors ~ Plato

The contention and promise

The contention and promise of the founding principles of this nation have indeed morphed into supreme political circus. Hollywood can't make this stuff up!

and then you die

can't have romney elected in

can't have romney elected in november if there is no divisive issue to galvanize braindead "conservatives" in getting obama out of office.

I can see the future coming now...

some lady diagnosed with Type 2 Diabetes will be rallying "We need more Taxes, or else how will I be able to get my Insulin?!"

makes me want to Vomit!

His name is Edward Snowden

What is Capitalism?

I think they will argue to

I think they will argue to regulate your consumption of food items because if you eat bat food you become more of a health risk, and since you are getting benefits from the government health plan they now have a vested interest in you diet.


NYC is already doing so, by regulating soda cup sizes.

"constitutional in part, and unconstitutional in part"


Oh great, Roberts epileptic

Plucked from article. Roberts is epileptic. His decisions don't make sense.

In WMD.com

Michael Savage: Roberts affected by medication

The neurologist told Savage that Roberts’ cognition could be affected by taking epilepsy medicine.

“I’m going to tell you something that you’re not going to hear anywhere else, that you must pay attention to,” Savage said.

“It’s well known that Roberts, unfortunately for him, has suffered from epileptic seizures. Therefore he has been on medication.”

Savage said that “if you look at Roberts’ writings you can see the cognitive disassociation in what he is saying.”

“Roberts has no logic in what he said,” Savage asserted.

“He said the law is a tax, but if the law wasn’t written as a tax, how can he say it’s taxation?”


Didn't Jefferson preside over

Didn't Jefferson preside over a government that mandated health insurance for sailors in 1798?

Plan for eliminating the national debt in 10-20 years:

Overview: http://rolexian.wordpress.com/2010/09/12/my-plan-for-reducin...

Specific cuts; defense spending: http://rolexian.wordpress.com/2011/01/03/more-detailed-look-a

SteveMT's picture

Trash: Why ask Williams for his opinion, but NOT The Judge?

The Judge is the Constitutional expert. Was he asked for his opinion on the decision, like Juan Williams was asked?

answer: because they're Faux 'News'

need no more reason than that, no?


Predictions in due Time...

"Let it not be said that no one cared, that no one objected once it's realized that our liberties and wealth are in jeopardy." - Dr. Ronald Ernest Paul


Where, in the Enumerated Powers (General Welfare IS NOT an Enumerated Power, but one objective of) does the federal government find the authority to involve itself into healthcare? Why do many of us argue growth of UNCONSTITUTIONAL medicare... as if Medicare, ITSELF, is Constitutional?

Brother Winston Smith

The r3VOLution is NOT republiCAN.


These should be State issues not Federal. But really your health should be an individual responsibility. You have a right to life, but not a right to health.

The market can and will provide solutions for those who cannot afford. I guarantee you it would.


Those who expect to reap the blessings of freedom, must, like men, undergo the fatigue of supporting it. ~Thomas Paine

people are already struggling

people are already struggling as it is, just wait until we eventually have a tax rate of 75% to fund this socialized empire, people won't donate a thing. then we'll need more taxes to take care of the poor, so on and so forth.

Oh what a tangled web we weave...

Government by fear has no bounds. The nanny state has won and is in full control. Only after (not before) the Keynesian options have collapsed into the abyss and Federal Reserve and its notes are worth less than the thin air they were created from will a sane fiscal policy be possible.

In the mean time, what can the average citizen do to survive? Easy play the game that's all. Work for the government! When you're young enlist in the USA (United Socialist Army). There you will learn and practice how to stick your nose into other peoples nations were it does not belong. This training will prepare you for the ever expanding job market when you return from school... Ooops I mean when you return from serving your/our/my (or their) country. Whole new industries like the TSA and Home Land Security eagerly await your job application. Or, you can go to school for free if you're smart and get a criminal justice degree. The future is bright for CIA, FBI, IRS applicants not to mention the local law enforcement.

So com'on kids, line up and sign up. Enlist today!

and then you die

Here's my question for the day...

Do we need a constitutional amendment to define, narrow and restrict Congress' virtually unlimited powers of taxation?

Working for a constitutional

Working for a constitutional amendment is a waste of time since congress just ignores the constitution.

Better to continue to work towards waking enough people up so that we can force congress to follow the constitution.

I must be willing to give up what I am in order to become what I will be. Albert Einstein

"Better to continue to work

"Better to continue to work towards waking enough people up so that we can force congress to follow the constitution."

Those are not good odds considering Ron plus all of us couldn't do it.

The problem

Is that government is run by people. Your asking for a near impossibility if you think that you will ever get good government.


Those who expect to reap the blessings of freedom, must, like men, undergo the fatigue of supporting it. ~Thomas Paine

A fair comment, but stranger

A fair comment, but stranger things have happened. For example, this SCOTUS ruling.