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Sunday, September 20, 2009

Mr Obama and the Twisting of Truth

AP - President Barack Obama says requiring people to get health insurance and fining them if they don't would not amount to a backhanded tax increase.

"I absolutely reject that notion," said the out-of-touch president. Apparently Mr Obama is so stinking rich from the people's taxes he is past caring.

Link to the AP Story

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Mr Obama is seeking to impose summary fines. He is technically correct that a fine is not a tax. He is also clearly violating the Constitution. Under the US Constitution, laying and collecting fines is a power reserved entirely to the courts. He knows the difference between a fine and a tax. Once again, Mr Obama demonstrates the poor quality of his constitutional scholarship.

Neither the Legislative nor the Executive branches of government may impose a fine. In the enumerated powers include only only Congress is charged with the laying and collecting of taxes and duties, imposts and excises, borrowing, etc. (Article 1 Section 8). The Executive has no revenue collecting power at all.

The Senate version of the Democratic government control of personal Health bill requires persons without "acceptable" health insurance would be excise taxed (actually a fine, but Mr Obama says it isn't a fine.) up to $3800 per year (page 29). The unequal specifics here violate another provision of section 8, that taxes be uniform.

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