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RE: "The Congress shall have Power To lay and coll... - 4/6/2012 7:13:09 AM   
Arturas


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quote:

ORIGINAL: mnottertail

Yup, you got that right, and therefore they will not pay the penalty, now you are catching the drift, you are almost at a gradeschool level of comprehension in this matter.


And if they do not pay the premium mandated and cannot pay the penalty then they go to jail. Yes, I understand why the Right have pushed back on this from day one and why it is un-consitutional. It is becuse putting the poor in jail for not buying premiums is un-American. It amounts to enslaving the population. This is what the Supreme Court meant when one Justice remarked this Mandate forever changes the relationship between Goverment and the Private Citizen. With that statement he acknowledges the Private Citizen is no more under this law.

Addiitionally, the Right thinks making the poor decide to pay premiums rather than buying gas or food is not for America.

Yes, I think we understand the law and Obama quite well.

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"We master Our world."

(in reply to mnottertail)
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RE: "The Congress shall have Power To lay and coll... - 4/6/2012 7:22:12 AM   
Musicmystery


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Since I've already posted the portions of the 2014 provisions that show that's not the case, and you simply chose to pretend it doesn't exist, I think you're not interested in understanding it.

(in reply to Arturas)
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RE: "The Congress shall have Power To lay and coll... - 4/6/2012 7:23:52 AM   
Arturas


Posts: 3245
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quote:

The original commerce clause has no prohibition on the government forcing you to buy something you don't want.....so that argument is puerile.


You have miss-understood the Constitution. It is positive not negative in that it specifies what you can do and only what you can do. It need not even attempt to do "though shalt nots" because the Founders believed in limited Goverment and so it specifies what powers the Goverment can have and not what they cannot have. Goverment can only do what is specified. Nothing more. So, when you see the Commerce Clause specifying promoting and regulating commerce across state lines is the power to "regulate commerce" but I see nothing that stretches "regulate" to force Americans to pay for insurance or brocoli".

So, a free lesson in the Consitution for you. Perhaps now you will understand why one of Obama's past law students publically declared he was embarassed by Obama's attack on the Supreme Court this week.

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"We master Our world."

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RE: "The Congress shall have Power To lay and coll... - 4/6/2012 7:25:31 AM   
Arturas


Posts: 3245
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quote:

ORIGINAL: MusicalBoredom

quote:

Because fifty percent of Americans pay no taxes now.


You do realize that 27% of the population is made up of children and 13% of the population is over 65 right? So this 50% of the population that don't pay taxes that certain groups keep talking about is made up mostly of people who are outside of the generally accepted working age group. I claim my kids as dependents. I pay their taxes. I don't consider them freeloaders.

ETA: Sorry Ron, I just saw you already covered this.


40-50 percent of working age Americans. Nice try.

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RE: "The Congress shall have Power To lay and coll... - 4/6/2012 7:26:20 AM   
DesideriScuri


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quote:

ORIGINAL: joether
quote:

ORIGINAL: DesideriScuri
The General Welfare clause was not intended to mean what liberals are claiming, so PPACA isn't a Constitutionally enumerated power of the Federal Government. And, since it's not an enumerated power (nor is it a necessary and proper extension of an enumerated power), the Feds can't lay and collect taxes, duties, imposts, and excises.

And the 2nd Amendment was never intended to allow crazy lunatics free and uncontrollable access to muskets that could fire 30 musket balls in under 3.4 seconds and being reloaded with another 30 musket balls 8 seconds later. In fact, they never intended anyone to have access to a musket; only those that belonged to 'A well regulated militia...' whose purpose was "...to the security of a free state..."; not for some phony 'neighborhood watch' idiot wasting a teenager with a bag of skittles and a can of ice tea!


http://www.usconstitution.net/consttop_2nd.html

    quote:

    With the historical context set above, a look at the current interpretations of the 2nd Amendment are appropriate.

    These interpretations tend to lean in one of two ways. The first is that the amendment was meant to ensure that individuals have the absolute right to own firearms; the second is that the amendment was meant to ensure that States could form, arm, and maintain their own militias...

    Both contemporary interpretations are correct, in a way. As illustrated in the first section, the amendment does appear to have been designed to protect the militias, and it was also designed to protect an individual's right to own and bear a gun. The question, then, is do we have to adhere to both tenets of the amendment today? If we decide to do away with the individual ownership aspect of the Amendment, reinterpreting the amendment to allow highly restricted gun ownership, we seem to open the door to radical reinterpretation of other, more basic parts of the Constitution. If we decide to do nothing, and allow unrestricted gun ownership, we run the risk of creating a society of the gun, a risk that seems too great to take. So the real question seems to be, can we have the a constitutional freedom to bear arms, and still allow restriction and regulation?


quote:

If conservatives are going to be 'liberal' with the viewpoint of the 2nd Amendment, Liberals can be 'liberal' with the ACA. One thing the founding father did understand is that as the country grew, so to should the constitution. As we better understood ourselves, the land beneath our feet, and what it meant to be a free nation....the constitution would grew with the nation. If we applied your view point that the constutution is unable to change and it is in fact, set in stone, then we have created 17 amendments that shouldnt be there. Why not go tell all the women they are now second class citizens and the blacks they are 3/5th of a white person.


Seeing how the US Constitution provided a way for it to be updated (you know, the Amendment Process?), changing the interpretation according to the current trend is dead ass wrong. The US Constitution didn't set the modification process based on the changing meanings of words. You want something in the Constitution that isn't currently there? Amend the Constitution. Thus sayeth the Founders. lol

quote:

The goverment back in the late 18th century was to be a limited goverment for two reasons: 1) They didnt like goverments in Europe lording over the peons without mercy and 2) The USA wasn't exactly sitting on any huge deposits of gold, silver or precious stones (aka, they were dirt poor). Compare that to the USA of 2012, and it has a budget worth $3.2 trillion dollars. More than any nation in Europe's budget. Bigger than....ANY....other nation on the planet! If the foundering fathers were alive today, would they wish to see fellow Americans suffer when there was an easy solution at hand? They were God fearing men (well, most of them) that believed fellow Americans should take care of one another as per the 'Good Book'. The founding fathers didn't believe in a standing army for the country, and yet, we have the world's most ass-kicking military for the last seventy years!


The USA was founded on principles so totally different from the prevailing governments at the time. Pretty much everywhere else, all individual rights emanated from the government. Kings could do as they please (As Mel Brooks put it, "It's good to be the King!") and individual peons had no rights unless the King granted them. Flip over to the US, and all rights exist within the Citizenry. Only from the Citizens and the States did the Federal Government get any authority. Any added powers the Federal Government assumes can only come from the Citizens or the States. Putting Government in charge of determining the extent of Government's reach is essentially creating similar styles of Government that were in Europe. You know, the ones they were trying to prevent?

quote:

There is no way the founding fathers could even forsee the future with perfect accuracy. Nor any of the obstacles we would face as a nation. However, they did state the US Constitution could be changed to keep up with said times. If most Americans feel 'Provide for the General Welfare' means 'Take care of Americans with good health coverage', so be it.


General Welfare of the United States, as the clause truly is, does not mean taking care of each and every individual according to each individuals' needs. The General Welfare of the United Staes

quote:

I'm curious DS. Which side of the health care 'fence' are you on?
A) The side that says we should have the best laws and rules to govern good health care for all Americans.
B) Allow only 'for profit' organizations to 'tax' the ill or eldarly and laugh all the way to the bank regardless of people's misery.
I wonder what the founding fathers would say.


Sorry, I'm not going to play that bullshit game. Those are not the only two options available. I know it. You know it.

_____________________________

What I support:

  • A Conservative interpretation of the US Constitution
  • Personal Responsibility
  • Help for the truly needy
  • Limited Government
  • Consumption Tax (non-profit charities and food exempt)

(in reply to joether)
Profile   Post #: 25
RE: "The Congress shall have Power To lay and coll... - 4/6/2012 7:30:20 AM   
Musicmystery


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quote:

You have miss-understood the Constitution. It is positive not negative in that it specifies what you can do and only what you can do. It need not even attempt to do "though shalt nots" because the Founders believed in limited Goverment and so it specifies what powers the Goverment can have and not what they cannot have.


You have misunderstood spelling. And this is a silly argument.

The very first words in the very first amendment of the Bills of Rights, passed right on the heels of the Constitution, all the Founders still around, starts with:

"Congress shall make no law . . . "

That's pretty clearly what they cannot do.


(in reply to Arturas)
Profile   Post #: 26
RE: "The Congress shall have Power To lay and coll... - 4/6/2012 7:33:11 AM   
Arturas


Posts: 3245
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quote:

ORIGINAL: Musicmystery

Since I've already posted the portions of the 2014 provisions that show that's not the case, and you simply chose to pretend it doesn't exist, I think you're not interested in understanding it.


Are you seriously suggesting that a law requiring ALL Amercians to buy insurance or face penalties does not have a civil incarceration option to provide the teeth to inforce this law? That somehow Obama just pretended to require "ALL" Americans to buy the insurance and that those who cannot will just get a pass and a letter saying "it's Okay, we did not mean it".

Interesting. Are you seriously suggesting that when one must pay a fine currenty under civil law that when you do not pay that fine then nothing happens?

I think you have intentionally denied what is basic to civil law fines and so need not be proscribed in the Obamacare law, for political reasons I suppose. After all, who would want such a thing if you were poor and subject to "fines" you could not pay?

Nice try.

< Message edited by Arturas -- 4/6/2012 7:35:09 AM >


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Profile   Post #: 27
RE: "The Congress shall have Power To lay and coll... - 4/6/2012 7:33:49 AM   
mnottertail


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The self-styled constitutional scholars of the right are an interesting (if extremely uninformed) bunch, ain't they?

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(in reply to Musicmystery)
Profile   Post #: 28
RE: "The Congress shall have Power To lay and coll... - 4/6/2012 7:35:41 AM   
Musicmystery


Posts: 30259
Joined: 3/14/2005
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quote:

ORIGINAL: Arturas


quote:

ORIGINAL: Musicmystery

Since I've already posted the portions of the 2014 provisions that show that's not the case, and you simply chose to pretend it doesn't exist, I think you're not interested in understanding it.


Are you seriously suggesting that a law requiring ALL Amercians to buy insurance or face penalties does not have a civil incarceration option to provide the teeth to inforce this law? That somehow Obama just pretended to require "ALL" Americans to buy the insurance and that those who cannot will just get a pass and a letter saying "it's Okay, we did not mean it".

Interesting. Are you seriously suggesting that when one must pay a fine currenlty under civil law that when you do not pay that fine then nothing happens?

I think you have intentionally denied what is basic to civil law fines and so need not be proscribed in the Obamacare law, for political reasons I suppose. After all, who would want such a thing if you were poor and subject to "fines" you could not pay?

Nice try.

Are you seriously suggesting that those excused from the fine, exempt from it, or newly eligible for medicaid are subject to incarceration?

Again. You've no interest in reality here.

< Message edited by Musicmystery -- 4/6/2012 7:36:02 AM >

(in reply to Arturas)
Profile   Post #: 29
RE: "The Congress shall have Power To lay and coll... - 4/6/2012 7:37:10 AM   
Musicmystery


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quote:

ORIGINAL: mnottertail

The self-styled constitutional scholars of the right are an interesting (if extremely uninformed) bunch, ain't they?

Kind of dull, actually.

(in reply to mnottertail)
Profile   Post #: 30
RE: "The Congress shall have Power To lay and coll... - 4/6/2012 7:39:19 AM   
Arturas


Posts: 3245
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quote:

ORIGINAL: mnottertail

The self-styled constitutional scholars of the right are an interesting (if extremely uninformed) bunch, ain't they?


Are you asking me? I'm not a scholar but I do know the Consitution and Amercian history as do many Americans. You should read it some time.

_____________________________

"We master Our world."

(in reply to mnottertail)
Profile   Post #: 31
RE: "The Congress shall have Power To lay and coll... - 4/6/2012 7:43:15 AM   
Musicmystery


Posts: 30259
Joined: 3/14/2005
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quote:

You should read it some time.


As should you.


quote:

ORIGINAL: Musicmystery

quote:

You have miss-understood the Constitution. It is positive not negative in that it specifies what you can do and only what you can do. It need not even attempt to do "though shalt nots" because the Founders believed in limited Goverment and so it specifies what powers the Goverment can have and not what they cannot have.


You have misunderstood spelling. And this is a silly argument.

The very first words in the very first amendment of the Bills of Rights, passed right on the heels of the Constitution, all the Founders still around, starts with:

"Congress shall make no law . . . "

That's pretty clearly what they cannot do.




(in reply to Arturas)
Profile   Post #: 32
RE: "The Congress shall have Power To lay and coll... - 4/6/2012 8:00:41 AM   
Hillwilliam


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quote:

ORIGINAL: Arturas


quote:

ORIGINAL: MusicalBoredom

quote:

Because fifty percent of Americans pay no taxes now.


You do realize that 27% of the population is made up of children and 13% of the population is over 65 right? So this 50% of the population that don't pay taxes that certain groups keep talking about is made up mostly of people who are outside of the generally accepted working age group. I claim my kids as dependents. I pay their taxes. I don't consider them freeloaders.

ETA: Sorry Ron, I just saw you already covered this.


40-50 percent of working age Americans. Nice try.

Care to give a citation that 40-50 percent of working age Americans pay no taxes?
( see you've waffled from 50% down to '40-50%'
I see you claiming a lot of things but nothing to back it up?

I call bullshit on your claim.

No taxes means property taxes, gas taxes, franchise/excise taxes, sales taxes, state income taxes, alcohol taxes, ammunition taxes, personal property taxes, etc etc.


Again, if you quit quoting Rush and Fox without question, you'll look a lot more intelligent.


_____________________________

Kinkier than a cheap garden hose.

Whoever said "Religion is the opiate of the masses" never heard Right Wing talk radio.

Don't blame me, I voted for Gary Johnson.

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Congress has Power to lay? - 4/6/2012 8:02:01 AM   
Musicmystery


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I keep reading "The Congress shall have Power To lay"

It's good to be the king, apparently.

< Message edited by Musicmystery -- 4/6/2012 8:06:22 AM >

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Profile   Post #: 34
RE: "The Congress shall have Power To lay and coll... - 4/6/2012 8:06:00 AM   
mnottertail


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Joined: 11/3/2004
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quote:

ORIGINAL: Arturas


quote:

ORIGINAL: mnottertail

The self-styled constitutional scholars of the right are an interesting (if extremely uninformed) bunch, ain't they?


Are you asking me? I'm not a scholar but I do know the Consitution and Amercian history as do many Americans. You should read it some time.


The trouble is that 'you knowing the Constitution and American history as do many Americans' means you don't know much about it at all.   So far, all of your assertions about the Constitution are incorrect, and that; in the circles I travel would indicate to any reasonable man that your knowledge of it is extremely imperfect, and you may not want to argue points with absolutely no veracity of claim, since it isn't helping the emotionally based cause you are trying to forward . 

_____________________________

Have they not divided the prey; to every man a damsel or two? Judges 5:30


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Profile   Post #: 35
RE: "The Congress shall have Power To lay and coll... - 4/6/2012 8:07:26 AM   
Musicmystery


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Kind of like people who have claimed to read the entire Bible. One in a hundred have actually done so.

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Profile   Post #: 36
RE: "The Congress shall have Power To lay and coll... - 4/6/2012 8:13:17 AM   
mnottertail


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We have all read that Washington chopped down a cherry tree and Lincoln was a railsplitter and Reagan proved that deficits don't matter....

And that American historical fantasy is probably what he refers to most Americans 'knowing'.

_____________________________

Have they not divided the prey; to every man a damsel or two? Judges 5:30


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Profile   Post #: 37
RE: "The Congress shall have Power To lay and coll... - 4/6/2012 8:16:53 AM   
Musicmystery


Posts: 30259
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I know.


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Profile   Post #: 38
RE: "The Congress shall have Power To lay and coll... - 4/6/2012 8:33:03 AM   
PatrickG38


Posts: 338
Joined: 10/8/2010
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quote:

ORIGINAL: DesideriScuri

quote:

ORIGINAL: farglebargle
When you buy health insurance you get a tax credit. Am I the only one who sees this?


See, now you're not telling the whole story, here.

    quote:

    The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;


Congress has the power to lay and collect taxes, duties, imposts and excises. But, only for the enumerated purposes. Congress can't just collect a tax simply because it wants to.

The General Welfare clause was not intended to mean what liberals are claiming, so PPACA isn't a Constitutionally enumerated power of the Federal Government. And, since it's not an enumerated power (nor is it a necessary and proper extension of an enumerated power), the Feds can't lay and collect taxes, duties, imposts, and excises.


The taxing power granted under the Constitution is not limited by the enumerated powers of Art. I Sec 8. and is much broader.


(in reply to DesideriScuri)
Profile   Post #: 39
RE: "The Congress shall have Power To lay and coll... - 4/6/2012 8:38:34 AM   
farglebargle


Posts: 10715
Joined: 6/15/2005
From: Albany, NY
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quote:

ORIGINAL: Arturas


quote:

ORIGINAL: SoftBonds

No, Arturas is complaining that 50% of Americans are so poor they don't pay income taxes, while ignoring the fact that they still pay FICA taxes, FICAMED taxes, Gas taxes, state taxes, county taxes, property taxes, sales taxes, sin taxes, luxury taxes, etc.
Therefore they don't pay taxes...


Let me remind those posting here that the OP suggests a credit for buying insurance. Next, let me educate you in how credits work. Credits pertain only to Income Tax. In other words, theree are no sales tax credits, credits agains sales tax or county taxes or anything else mentioned. So, meantioning sales and other taxes has no bearing on the subject. Naturally. But it is a good dodge for a minute or two.

So, back to the OP, what do we do with those who pay no taxes and therefore will have nothing to credit?


Who is this mythical person who pays no taxes? And why should we care about some hypothetical reductio-ad-absurdum which doesn't exist?

That aside, there's no sales tax credits? I see plenty of sales tax credits.

http://www.tax.ny.gov/pubs_and_bulls/tg_bulletins/st/sales_tax_credits.htm




_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

(in reply to Arturas)
Profile   Post #: 40
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