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Old 03-24-2010, 05:18 PM
rs232c rs232c is offline
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I'm sorry for not being clear, let's see if I can stay focused long enough to explain (sometimes that's a problem for me):

I saw in a documentary of Justice O'Conner where she stated that our constitution and system of laws was one where the language was written about what we cannot do and there were no laws about what we must do with respect to Congress and individual rights. They can say an agency shall do this or an official will do that, but not Congress or individuals.

What was passed this week is a law of a different cloth. It is not the first this has happened but I can't pull up the websites that described that in 1933(?) the constitution changed as I recall (but don't quote me) from consitutional law to a public law. (Those great legal minds we have could explain this much better than I.) What I do recall is that before 1933 if you were on your own property and wanted it to be dirty or play loud music to your hearts content you were in the right because of individual rights triumphed. But after 1933 if your neighbors complained you had to 'cease and desist' not because any new laws were made, but their interpretation changed where the community would now be in the right over individual rights.

So now a precendent has been set that a law can be passed about what individuals shall do. They have no choice. Before it was signed the laws would say to the effect 'You may not own a vehicle without insurance' or 'You shall not work for wages without paying taxes', etc., but now they say 'You will purchase Health Care Insurance'. My biggest fear for this would be that the same laws would now be interpreted differently because of this, and this is how I see it has only begun. This small change to me puts us in a different set of rules and a different form of government and a different country that I recognize and understood.

Now I have seen how other changes are taking place, small now but destined to be larger in the future. For example, the 'Experts' pretty much agree that the supremacy clause trumps the unfunded madates and authority of the states and the right for Congress to lay taxes.

After reading the 13 state filing against the law I walked away with the understanding that now the supremacy clause of the constitution is not limiting in any way - that Congress has no legal limitations to what is necessary and proper or what interstate commerce is. This tells me that anything left to the states is nothing more than what the federal government hasn't gotten around to yet for taking from the states and they are agents of the federal government and no longer soverign.

The other talking point of the experts is how they are correctly restating that the constitution says that Congress has the right to lay taxes. That's pretty settled and understood. But what I didn't know or understand was that now we have a precedent that says what an individual will do by law: The interpretation of laying taxes have changed - now a person does not have to do anything to have the tax apply to them. Even if you do nothing, you are assessed a tax enforced by the IRS and subject to penalties way beyond failing to do something but choosing not to engage in interstate commerce.

This new interpretation is days into it's infancy and anyone's guess where it will lead. Sedition acts may become broader. Not informing authorities on your neighbors behavior,
and who knows about enterprenuership and innovation. Now you have to buy health insurance. Why not tommorrow cable tv after the FCC vision of minority exclusivity? Since there will be no real distinction between your state and the federal government how much public good will it be for the feds to mandate what your state must pay for to track you? Since you don't have to do anything to incur the tax, when will a 'deficit reduction tax' be passed under the same circumstances where you don't have to do anything but are assessed your fair share to reduce the federal deficit?

I have a friend that was told today that since the company does not have the minimum number of exmployees all health benefits will be cancelled in 2014. No one I know is happy except those that think of free health care like free beer.

That's the best I can do for now.

Last edited by rs232c; 03-24-2010 at 05:22 PM.
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