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DANCIN’ IN THE STREETS

June Smith

The Dems and Dumbers are celebrating the Supremes Obamacare 5-4 ruling despite it being yet another tax.

 
There was some good news in the narrow ruling: some of the power of Government has been restricted. The majority opinion, written by Chief Justice John Roberts, states that the Commerce Clause of the Constitution does not give Congress power and authority to require us to have health care.
 
But other parts of the Commerce Clause open a super-sized can of worms. The Commerce Clause gives Congress the power “to regulate commerce with foreign nations, and among several states, and with the Indian tribes.”

We all know how well that worked out for the Indian tribes. Now it’s our turn to play Congress and Indians.
But I digress…

 
The word “Commerce” is not defined in Article 1, Section 8, Clause 3 of the Constitution thus the Government’s broad interpretation of it at its discretion.

Although the Court upheld the Affordable Care Act, known as Obamacare, “Chief Justice Roberts concluded in Part III–A that the individual mandate is not a valid exercise of Congress’s power under the Commerce Clause and the Necessary and Proper Clause.”

Read the ruling: Supreme Court Opinion. See how it will affect you; your family; your income; your employer; your healthcare, and your insurance plan. Don’t forget to factor in the impact on small businesses and commerce in general—health care represents one-sixth of the U.S. economy.

To determine if you’ll be putting on your dancing shoes, here are the first three paragraphs of the Opinion:  “No. 11–393. Argued March 26, 27, 28, 2012—Decided June 28, 2012*

“In 2010, Congress enacted the Patient Protection and Affordable Care Act in order to increase the number of Americans covered by health insurance and decrease the cost of health care. One key provision is the individual mandate, which requires most Americans to maintain “minimum essential” health insurance coverage. 26 U. S. C. §5000A. For individuals who are not exempt, and who do not receive health insurance through an employer or government program, the means of satisfying the requirement is to purchase insurance from a private company. Beginning in 2014, those who do not comply with the mandate must make a “[s]hared responsibility payment” to the Federal Government. §5000A(b)(1). The Act provides that this “penalty” will be paid to the Internal Revenue Service with an individual’s taxes, and “shall be assessed and collected in the same manner” as tax penalties. §§5000A(c), (g)(1).

“Another key provision of the Act is the Medicaid expansion. The current Medicaid program offers federal funding to States to assist pregnant women, children, needy families, the blind, the elderly, andthe disabled in obtaining medical care. 42 U. S. C. §1396d(a). TheAffordable Care Act expands the scope of the Medicaid program and increases the number of individuals the States must cover. For example, the Act requires state programs to provide Medicaid coverageby 2014 to adults with incomes up to 133 percent of the federal poverty level, whereas many States now cover adults with children only if their income is considerably lower, and do not cover childless adults at all. §1396a(a)(10)(A)(i)(VIII). The Act increases federal funding to cover the States’ costs in expanding Medicaid coverage. §1396d(y)(1).But if a State does not comply with the Act’s new coverage requirements, it may lose not only the federal funding for those requirements, but all of its federal Medicaid funds. §1396c.
 
“Twenty-six States, several individuals, and the National Federation of Independent Business brought challenging the constitutionality of the individual mandate and the Medicaid expansion. The Court of Appeals for the Eleventh Circuit upheld the Medicaid expansion as a valid exercise of Congress’s spending power, but concluded that Congress lacked authority to en-act the individual mandate. Finding the mandate severable from the Act’s other provisions, the Elevent  Circuit  left  the  rest  of  the  Act  intact.”
 
Boiled down, the sleeping Giant is awake and that doesn’t bode well for we the people of the United States.


June Smith is the widow WBAL talk show host and Sun columnist, Ron Smith, who posthumously received an Emmy® for his lifetime achievement in television and radio at WBAL in Baltimore, MD. Smith was a media titan in the central Maryland area and beyond for almost forty years. Mrs. Smith’s tribute website honoring his legacy is www.FriendsofRonSmith.com.  She is working diligently to raise one million dollars for the Ron Smith Pancreatic Cancer Research Fund at Johns Hopkins and is an advocate for H.R. 733, the Pancreatic Cancer Research Education Act. Her email is june@friendsofronsmith.com.








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