Did Justice Roberts engage in judicial tyranny when upholding Obamacare as a tax?
I believe it is now an established fact that Justice Roberts does not support our Constitution, and particularly that part which declares our Constitution is the supreme law of the land, and only those laws which are made in pursuance thereof are included as being the “supreme law of the land“
Keep in mind that the fight against Obamacare is not about a law which one likes or dislikes. The fight is about preserving the very foundation of our constitutionally limited “Republican Form of Government”, and whether or not Obamacare is in harmony with the legislative intent of our Constitution, or an act of legislative and judicial tyranny which defies the very provisions of our Constitution. That is what this fight is about.
Justice Roberts has yet to explain when the people of the United States debated granting power to Congress to enter their States and regulate their health care needs and choices, and then granted such power under Article V of our Constitution which is the only lawful way to grant new powers to Congress. And this provision requires consent of the governed by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof.
The irrefutable fact is, a majority of the various States have officially rejected Obamacare by filing suit against it. And yet, Justice Roberts ignores that part of our Constitution requiring consent of the governed under Article V and asserts the People of the United States consented to Obamacare when granting power to Congress to lay and collect taxes, even though our founders were all in agreement that the power of taxation is tied to and limited by the subjoined list of particulars appearing beneath Article 1, Section 8, Clause 1.
Was Justice Robert unaware of our founders expressed agreement that the taxing authority is limited to the specific grants of powers beneath Article 1, Section 8, Clause 1?
And just what did our founders say with regard to this provision? Well, let our founding fathers speak for themselves.
In Federalist No. 83, and with regard to Article 1, Section 8, Clause 1, Hamilton, in crystal clear language, refers to a “specification of particulars” which “evidently excludes all pretension to a general legislative authority“. Hamilton writes:
"...the power of Congress...shall extend to certain enumerated cases. This specification of particulars evidently excludes all pretension to a general legislative authority, because an affirmative grant of special powers would be absurd as well as useless if a general authority was intended..."
And Madison, in No. 41 Federalist writes with regard to the meaning of “general welfare“:
"It has been urged and echoed, that the power "to lay and collect taxes...to pay the debts, and provide for the common defense and the general welfare of the United States amounts to an unlimited commission to exercise every power which may be alleged to be necessary for the common defense or general welfare. No stronger proof could be given of the distress under which these writers labor [the anti federalists] for objections, than their stooping to such a misconstruction...But what color can this objection have, when a specification of the object alluded to by these general terms immediately follows, and is not ever separated by a longer pause than a semicolon?...For what purpose could the enumeration of particular powers be inserted, if these and all others were meant to be included in the preceding general power...But the idea of an enumeration of particulars which neither explain nor qualify the general meaning...is an absurdity."
Likewise, in the Virginia ratification Convention Madison explains the general welfare phrase as follows to gain ratification of the constitution: "the powers of the federal government are enumerated; it can only operate in certain cases; it has legislative powers on defined and limited objects, beyond which it cannot extend its jurisdiction."[3 Elliots 95] [also see Nicholas, 3 Elliot 443 regarding the general welfare clause, which he pointed out "was united, not to the general power of legislation, but to the particular power of laying and collecting taxes...."]
Similarly , George Mason, in the Virginia ratification Convention informs the convention
"The Congress should have power to provide for the general welfare of the Union, I grant. But I wish a clause in the Constitution, with respect to all powers which are not granted, that they are retained by the states. Otherwise the power of providing for the general welfare may be perverted to its destruction.".[3 Elliots 442]
For this very reason the Tenth Amendment was quickly ratified and adopted to intentionally put to rest any question whatsoever regarding the general welfare clause, and thereby cut off the pretext to allow Congress or the courts to extended the federal government’s powers via the wording contained in Article 1, Section 8, Clause 1.
The bottom line is, Justice Roberts engaged in judicial tyranny when asserting the People of the united States granted authority to Congress to adopt the powers to be exercised under Obamacare, when they granted power to Congress to “lay and collect taxes“.
Are we to submit to this judicial tyranny and cave in to a federal government acting in rebellion to our written Constitution and its defined and limited powers? If so, our children and grand children will pay an agonizing price for our reluctance to forcefully confront domestic enemies who have seized political power and now act in concert to overthrow our constitutionally limited Republican Form of Government.
JWK
America we have a problem! We have a group of DOMESTIC ENEMIES who have managed to seize political power and whose mission is in fact to bring “change” to America ___ the dismantling of our military defensive power; the allowance of our borders to be overrun by foreign invaders, the diluting of our election process by allowing ineligible persons to vote; the circumvention of our Republican Form of Government which is now replaced with a 12 member committee vested with power to make law; the destruction of our manufacturing capabilities; the transferring of America’s technology to hostile foreign nations; the strangulation of our agricultural industry and ability to produce food under the guise of environmental necessity; the destruction of our nation’s health care delivery system, the taking of private property for purposes other than “public use”; the interference with our ability to develop our natural resources, namely oil, coal and natural gas to fuel our economy; the looting of both our federal treasury and a mandatory retirement pension fund; the brainwashing of our nation’s children in government operated schools; the trashing of our nation’s traditions and moral values; the creation of an iron fisted control unauthorized by our written Constitution over America’s businesses and industries; the devaluation of our nation’s currency, and, the future enslavement of our children and grand children via unbridled debt and inflation, not to mention an iron fisted government which intends to rule their very lives!
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Originally Posted by Grindelwald
