Friday, June 29, 2012

On the Other Hand, Tapscott

While we discuss whether a tax is a penalty, Tapscott discusses long game.

....I’ve  concluded that what Roberts has done is fundamentally shift the constitutional debate away from the liberal assumption since the Woodrow Wilson era that an Imperial Presidency and supine Congress can pretty much do as they please so long as it’s covered by at least one of those fig leaves known as the General Welfare, Necessary and Proper or Commerce clauses of the Constitution. The new assumption is, thanks to Roberts, that at least two of those clauses in fact cannot simply be dragooned into the service of whatever a passing majority in Congress wants to do....

...the holding that Obamacare passes constitutional muster if it is understood as a tax may be an even more significant victory for conservatives. To understand why, which of these two words sounds more positive? “Benefit” or “tax”? [Ha.  The Left will simply lie, as did Obozo.  You REALLY think otherwise, Mark?]

...Roberts has forced the entitlement state to drop its pretense that government entitlements are intrinsically beneficial and concede the brutal reality that they are in fact the application of force to take from some to give to others. As a practical matter, taxes cannot represent an unlimited power. That’s a genuinely new deal for welfare state advocates. and one that is not likely to adduce to their future success.

Finally, and perhaps most importantly, Roberts forces what is a profound assault on the nation’s constitutional framework hiding behind the false flag of humanitarianism out of the courts and tosses it into the political arena where the general sense of the community can resolve the outstanding issue.

True dat.  November will be Waterloo for a lot of Democrats.  Buh-bye, Tammy.....

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