Craig Andresen

Obamacare IS a Fundamental Transformation Tax

By Craig Andresen on July 2, 2012 at 7:29 am

Obamacare is THE largest TAX INCREASE, the most deceitfully CONTRIVED and UNSCRUPULOUSLY passed bill in American history!!!

As a law, Chief Justice Roberts was absolutely CORRECT in finding it CONSTITUTIONAL as a TAX law and THAT is as FAR as I believe he could possibly go in his ruling. The Supreme Court had no choice but to hear arguments and adjudicate upon the MERITS of the law itself and in that light, Chief Justice Roberts was 100% correct or…Was he?

Here’s a MAJOR problem though…According to the Anti Injunction Act from March 2nd, 1867…NO TAX LAW CAN BE ADJUDICATED UNTIL AFTER IT TAKES EFFECT and in the case of Obamacare, the Supreme Court should NOT have ruled on it in whole…AS A TAX LAW…until after 2018 but that would require yet ANOTHER round in 2 years at the High Court.

Now then, what neither he nor any of the Supreme Court could do, considering the nature of the action by which it was BROUGHT to the Highest Court, was adjudicate it upon the MANNER in which it was passed. I suggest that had THAT aspect been the focus of the case, the outcome may well have been QUITE different.

Roberts and the Court found it to be a TAX law and CONSTITUTIONAL because it’s a TAX law.

Oh…Obama TOLD us it WASN’T a tax and that nobody in the middle class would see THEIR taxes go up…”Not one single dime.” But…And I know this will come as a GREAT shock…Obama was lying. He wasn’t misspoken. He wasn’t misquoted. He wasn’t taken out of context. He wasn’t misunderstood or any of the rest of the lame excuses so often used by politicians.

It’s NOT conservative spin, right wing propaganda, parsing of words, misrepresentation by the right, racist, scare tactics or any of the other things the liberal/socialists are want to use as dismissive talking points or labels either.

Obama was flat out, bald faced, down and dirty, through is teeth, without blinking an eye and without a second thought…

LYING!!!

And one can EASILY believe he was LYING because HE, and a handful of others, KNEW that the ONLY way to obtain passage of Obamacare, was to proceed Unconstitutionally and WITHOUT a SHRED of ethics nor rules adhered to.

Here is how it went down and WHY it SHOULD be regarded as UNCONSTITUTIONAL.

All revenue bills…TAX BILLS…must originate in the HOUSE…not the Senate according to Article 1, Section 7 of the Constitution.

Article 1, Section 7 of the Constitution:
“All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.”

Indeed, there WERE a series of bills, passed in the HOUSE regarding Healthcare Reform and sent to the Senate…HOWEVER…The SENATE declined to debate those bills and, as they have done to nearly every piece of legislation sent to them SINCE the 2010 midterm election, set them aside never to be seen again.

What the Senate DID do at that point,  was take up a HOUSING bill which HAD passed the HOUSE, HR 3590, meant to provide tax breaks for MEMBERS OF THE MILITARY…and…USED IT AS A TROJAN HORSE BY COMPLETELY REVISING THE ENTIRE CONTENT OF THE BILL…thus turning it into Obamacare.

GOT THAT???

HR 3590 WAS A TAX BILL TO PROVIDE BREAKS FOR MILITARY PERSONAL ON HOUSING WHICH THE…SENATE…GUTTED AND REFITTED AS OBAMACARE…CONTAINING 20 BRAND NEW TAXES WHICH ORIGINATED IN THE SENATE…NON OF WHICH HAD ONE SINGLE THING TO DO WITH THE ORIGINAL CONTENT OR PURPOSE OF HR3590.

The full list of those new taxes will be shown at the end of this article.

The SENATE passed Obamacare on DECEMBER 24, 2009 by a vote of 60-39 and then sent it to the HOUSE where it passed on MARCH 21, 2010 by a vote of 219-212.

It originated in the SENATE…REPLACED A TAX BILL WHICH WAS PASSED BY THE HOUSE…WAS PASSED FIRST IN THE SENATE AND SECOND, BY THE HOUSE.

Not a single Republican in the House voted FOR it and only 1 Republican in the Senate, Olympia Snowe, voted FOR it. Snowe is NOT running for reelection.

THIS IS VERY IMPORTANT: It HAD to be passed in order to find out what was in it. CORRECT?

Had the HOUSE been allowed to READ it FIRST…Surely, they would have DISCOVERED that what was IN it, was TAXES WHICH DID NOT ORIGINATE IN THE HOUSE!!!

Did EVERY liberal who voted FOR Obamacare know the deal? No, probably not. But is DOES raise a question of whether SOME did and required BRIBES, not only secure their votes but to convince them to turn their backs on the Constitution and their oath to uphold and protect it. We will probably never know for sure.

The fact that Obamacare passed the Senate and the House, IN THAT ORDER by a COMBINED 5 votes means that Pelosi and Reid, controlling the House and the Senate, at the very LEAST,  MUST have known that HAD Members of the HOUSE or SENATE actually READ the bill BEFORE the vote…HAD they realized it was overflowing with NEW TAXES…It would NOT have passed at all.

Harry Reid?

Indeed. Harry Reid. The “Amendments” to HR 3590 were SPONSORED by one, HARRY REID and went by the name of, S.AMDT.2786 and. for those who enjoy a little light reading, S.AMDT.2786…ESSENTIALLY, THE SENATE VERSION OF OBAMACARE WHICH REPLACED HR 3590 CAN BE FOUND HERE!!! That “S” by the way, stands for SENATE.

Common citizens, of which I am most definitely one, know one thing regarding the inner workings of Congress all too well and that is that we, as common citizens, have no real understanding AT ALL of the inner workings and rules of Congress.

The Constitution, relatively speaking, is a document designed for understanding of the common citizen and Article 1 ,Section 7, as reprinted above, is quite clear. Revenue raising bills, i.e. tax bills, must originate in the House of Representatives and they may be amended by the Senate.

There is a clear reason for this.

The House of Representatives, in essence, contains the Representatives OF THE PEOPLE while the Senate, in essence, represents the STATES. The Members of the House represent small districts of citizens while the Senator represent their state as a whole. The House weighs bills, for the most part, regarding the bill’s effect on the citizens within their district while the Senate weighs those same bills with regard to their state and the nation at large.

At this point, a reminder of WHY we became a nation to begin with is in order.

TAXATION WITHOUT REPRESENTATION.

This is the primary reason WHY it is the HOUSE where ALL tax legislation must originate…To be responsive to citizens in individual districts as the Representatives themselves are, amongst the elected, closest to the citizens.

To have the Senate, as they did with Obamacare, subvert Article 1, Section 7 and replace, not amend, a tax bill, should be considered UNCONSTITUTIONAL and, if there exists some rule or, as is the case concerning congressional rules, a series of rules which play one against the other to allow such a subversion of Article 1, Section 7, that TOO should be deemed UNCONSTITUTIONAL or else, of what good is the Constitution?

At this point, because we now have a clear ruling from the Supreme Court that Obama care can ONLY pass Constitutionality as a TAX law and, with full consideration of HOW this TAX law was passed by employing subversion of the constitution whether by cloudy murky buried in minutia Congressional rules or by simple deceit or a combination of both, The National Patriot calls for the IMMEDIATE vote of REPEAL on Obamacare by EACH AND EVERY MEMBER OF THE HOUSE AND THE SENATE REGARDLESS OF PARTY AFFILIATION.

Will this get through to liberals in either of the two? It’s doubtful but, there is something very important they should realize.

If they decline to vote for appeal on these grounds they are opening the door to any future elected Members to proceed in the exact same manner and one can easily guarantee them that should the shoe, in the future, be on the other foot, they would not be so willing to let it slide.

It has been FAR too long since We The People held those we elect responsible or accountable to any but themselves and, it is HIGH TIME that we, as our founders envisioned and entrusted us to do, exert OUR control over them.

There is a good reason why both the Republican “Establishment” and liberals fear the Tea Party Patriots.

Tea Party Patriots have had enough. Tea Party Patriots have embraced the vision and intent of the Founders and Framers. Tea Party Patriots will, as entrusted by those Founders and Framers hold ALL elected officials accountable.

Those who did not have a healthy fear of the people instilled in them during the Midterm election of 2010, who refuse NOW to vote to repeal this UNCONSTITUTIONALLY passed TAX bill, should be ready to feel the WRATH of the people in November.

Obamacare was never meant as the vehicle to reform healthcare. It was meant to be the vehicle to “Fundamentally Transform” America into something which neither we nor our Founders would recognize.

It was clearly meant as the vehicle by which, what is rightfully ours would be taken from us via taxes not representative of the people by a government bent on presiding OVER the people rather than answering TO the people.

Obamacare was engineered to take away our rights, our freedom of choice and our self reliance and replace those things, and more, with governmental control and it was meant to be the linchpin by which, over a short time, more and more of our individual liberty would be taken.

Read the list of new taxes, what no one was allowed to read until it was passed and what Obama has told us is good for us and then…THEN…tell me three things:

1)  What do any of them have to do with or how can any one of them be rightfully considered an amendment to HR 3590 meant to provide a tax break on housing for Members of the military?

2) If you have been supporter of Obamacare, after reading the list below, do YOU think YOU were sold a bill of goods OR do you still support it as a SOCIALIST?

3) Where am I wrong?
Obamacare Taxes that went into effect in 2010

1. Excise Tax on Charitable Hospitals (Min$/immediate): $50,000 per hospital if they fail to meet new “community health assessment needs,” “financial assistance,” and “billing and collection” rules set by HHS. Bill: PPACA; Page: 1,961-1,971.

2. Codification of the “economic substance doctrine” (Tax hike of $4.5 billion). This provision allows the IRS to disallow completely-legal tax deductions and other legal tax-minimizing plans just because the IRS deems that the action lacks “substance” and is merely intended to reduce taxes owed. Bill: Reconciliation Act; Page: 108-113.

3. “Black liquor” tax hike (Tax hike of $23.6 billion). This is a tax increase on a type of bio-fuel. Bill: Reconciliation Act; Page: 105.

4. Tax on Innovator Drug Companies ($22.2 bil/Jan 2010): $2.3 billion annual tax on the industry imposed relative to share of sales made that year. Bill: PPACA; Page: 1,971-1,980.

5. Blue Cross/Blue Shield Tax Hike ($0.4 bil/Jan 2010): The special tax deduction in current law for Blue Cross/Blue Shield companies would only be allowed if 85 percent or more of premium revenues are spent on clinical services. Bill: PPACA; Page: 2,004.

6. Tax on Indoor Tanning Services ($2.7 billion/July 1, 2010): New 10 percent excise tax on Americans using indoor tanning salons. Bill: PPACA; Page: 2,397-2,399.

Obamacare Taxes that went into effect in 2011:

7. Medicine Cabinet Tax ($5 bil/Jan 2011): Americans no longer able to use health savings account (HSA), flexible spending account (FSA), or health reimbursement (HRA) pre-tax dollars to purchase non-prescription, over-the-counter medicines (except insulin). Bill: PPACA; Page: 1,957-1,959.

8. HSA Withdrawal Tax Hike ($1.4 bil/Jan 2011): Increases additional tax on non-medical early withdrawals from an HSA from 10 to 20 percent, disadvantaging them relative to IRAs and other tax-advantaged accounts, which remain at 10 percent. Bill: PPACA; Page: 1,959.

Obamacare Taxes that went into effect effect in 2012:

9. Employer Reporting of Insurance on W-2 (Min$/Jan 2012): Preamble to taxing health benefits on individual tax returns. Bill: PPACA; Page: 1,957.

Obamacare Taxes that will go into effect in 2013:

10. Surtax on Investment Income ($123 billion/Jan. 2013): Creation of a new, 3.8 percent surtax on investment income earned in households making at least $250,000 ($200,000 single). This would result in the following top tax rates on investment income: Bill: Reconciliation Act; Page: 87-93.

  Capital Gains Dividends Other*
2012 15% 15% 35%
2013+ 23.8% 43.4% 43.4%


*Other unearned income includes (for surtax purposes) gross income from interest, annuities, royalties, net rents, and passive income in partnerships and Subchapter-S corporations. It does not include municipal bond interest or life insurance proceeds, since those do not add to gross income. It does not include active trade or business income, fair market value sales of ownership in pass-through entities, or distributions from retirement plans. The 3.8% surtax does not apply to non-resident aliens.

11. Hike in Medicare Payroll Tax ($86.8 bil/Jan 2013): Current law and changes:

  First $200,000
($250,000 Married)
Employer/Employee
All Remaining Wages
Employer/Employee
Current Law 1.45%/1.45%
2.9% self-employed
1.45%/1.45%
2.9% self-employed
Obamacare Tax Hike 1.45%/1.45%
2.9% self-employed
1.45%/2.35%
3.8% self-employed

 

Bill: PPACA, Reconciliation Act; Page: 2000-2003; 87-93

12. Tax on Medical Device Manufacturers ($20 bil/Jan 2013): Medical device manufacturers employ 360,000 people in 6000 plants across the country. This law imposes a new 2.3% excise tax. Exempts items retailing for <$100. Bill: PPACA; Page: 1,980-1,986

13. Raise “Haircut” for Medical Itemized Deduction from 7.5% to 10% of AGI ($15.2 bil/Jan 2013): Currently, those facing high medical expenses are allowed a deduction for medical expenses to the extent that those expenses exceed 7.5 percent of adjusted gross income (AGI). The new provision imposes a threshold of 10 percent of AGI. Waived for 65+ taxpayers in 2013-2016 only. Bill: PPACA; Page: 1,994-1,995

14. Flexible Spending Account Cap – aka “Special Needs Kids Tax” ($13 bil/Jan 2013): Imposes cap on FSAs of $2500 (now unlimited). Indexed to inflation after 2013. There is one group of FSA owners for whom this new cap will be particularly cruel and onerous: parents of special needs children. There are thousands of families with special needs children in the United States, and many of them use FSAs to pay for special needs education. Tuition rates at one leading school that teaches special needs children in Washington, D.C. (National Child Research Center) can easily exceed $14,000 per year. Under tax rules, FSA dollars can be used to pay for this type of special needs education. Bill: PPACA; Page: 2,388-2,389

15. Elimination of tax deduction for employer-provided retirement Rx drug coverage in coordination with Medicare Part D ($4.5 bil/Jan 2013) Bill: PPACA; Page: 1,994

16. $500,000 Annual Executive Compensation Limit for Health Insurance Executives ($0.6 bil/Jan 2013). Bill: PPACA; Page: 1,995-2,000

Obamacare Taxes that will go into effect in 2014:

17. Individual Mandate Excise Tax (Jan 2014): Starting in 2014, anyone not buying “qualifying” health insurance must pay an income surtax according to the higher of the following

  1 Adult 2 Adults 3+ Adults
2014 1% AGI/$95 1% AGI/$190 1% AGI/$285
2015 2% AGI/$325 2% AGI/$650 2% AGI/$975
2016 + 2.5% AGI/$695 2.5% AGI/$1390 2.5% AGI/$2085


Exemptions for religious objectors, undocumented immigrants, prisoners, those earning less than the poverty line, members of Indian tribes, and hardship cases (determined by HHS).Bill: PPACA; Page: 317-337

18. Employer Mandate Tax (Jan 2014): If an employer does not offer health coverage, and at least one employee qualifies for a health tax credit, the employer must pay an additional non-deductible tax of $2000 for all full-time employees. Applies to all employers with 50 or more employees. If any employee actually receives coverage through the exchange, the penalty on the employer for that employee rises to $3000. If the employer requires a waiting period to enroll in coverage of 30-60 days, there is a $400 tax per employee ($600 if the period is 60 days or longer).Bill: PPACA; Page: 345-346

Combined score of individual and employer mandate tax penalty: $65 billion/10 years

19. Tax on Health Insurers ($60.1 bil/Jan 2014): Annual tax on the industry imposed relative to health insurance premiums collected that year. Phases in gradually until 2018. Fully-imposed on firms with $50 million in profits. Bill: PPACA; Page: 1,986-1,993

Obamacare Taxes that will go into effect in 2018:

20. Excise Tax on Comprehensive Health Insurance Plans ($32 bil/Jan 2018): Starting in 2018, new 40 percent excise tax on “Cadillac” health insurance plans ($10,200 single/$27,500 family). Higher threshold ($11,500 single/$29,450 family) for early retirees and high-risk professions. CPI +1 percentage point indexed. Bill: PPACA; Page: 1,941-1,956

THESE TAXES ARE BURIED WITHIN MORE THAN 2,400 PAGES OF LEGALEZE AND STATUTES AND IS WHAT THEY HAD TO PASS BEFORE ANYONE WAS ALLOWED TO KNOW WHAT WAS IN IT!!!

I will RECOGNIZE Independence Day this coming Wednesday, July 4th, 2012.

I will CELEBRATE it on Tuesday, November 6th, 2012.

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5 Responses to “Obamacare IS a Fundamental Transformation Tax”

  1. ArcherB Says:

    If there are no challenges based on the fact that this tax bill originated in the Senate, what’s the point? Can there even be a challenge on that fact or does the original ruling cover that?

  2. Tamara Says:

    This is why he must be impeached for Fast and Furios TREASON! If we do not we are DONE! We must at least TRY! Boehner wants a civil suit but>> disarming law enforcement is NOT a low level decision ! THE REASON OBAMA MUST BE IMPEACHED AND ERIC HOLDER MUST BE PUNISHED :

    >>>BRAN TERRY WAS ONLY ARMEND WITH A BEAN BAG<<>>Holder >>>Obama!

    http://rightonweekly.com/eric-holder-mexico-admission-of-gunrunner-video-scrubbed-terry-armed-with-only-a-beanbag/

    >>>>>>It is not JUST about gun walking is is about arming drungloards without tracers and DISARMING OUR enforcement!<<<<< Make it Clear to DC EXACTLY Why! Keep screaming for justice!

  3. Pam Dale Says:

    You’re getting better and better, Craig.

  4. DaveRHancock Says:

    DON’T HAVE TO DEAL > IF U REPEAL

  5. John K. Wayne Says:

    You and the government lawyers all believe that, by simply calling a bill a “tax”, there no limits to the taxing power. By this “reasoning,” everything that the people have can be taken.

    The sixteenth amendmend states:

    “The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.”

    This amendment did not change the enumerated powers for which taxes are authorized so confiscation of the people’s money for other purposes is Unconstitutional. Lawyers and politicians have distorted the Constitution beyond reason or rationale and the government, all three branches, operate outside the law – criminal.

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