Susanne Posel
Occupy Corporatism
June 29, 2012
The US Supreme Court upheld that President Obama’s Patient Protection and Affordable Care Act (PPACA), a.k.a. Obamacare, is constitutional.
In a decision of 5 – 4, led by Chief Justice John Roberts, who was appointed by former President George W. Bush in 2005, said Americans will be legally mandated to obtain healthcare by 2014 or pay a tax. Medicaid was included in the decision within a provision that expands the program for low-income families.
Obama called the ruling “a victory for people all over this country whose lives will be more secure because of this law and the Supreme Court’s decision to uphold it. We will continue to implement this law and we’ll work together to improve on it.”
Continuing his speech in the White House East Room, Obama said: “What we won’t do – what the country can’t afford to do – is re-fight the political battles of two years ago or go back to the way things were. With today’s announcement, it’s time for us to move forward.”
Obama signed the PPACA in March of 2010, which allocated $2.6 trillion to the fledgling healthcare system. The healthcare industry profits greatly from PPACA as being 18% of the economy. Private insurance corporations decried restrictive governmental programs, although Americans pay more for health coverage than any other industrialized nation. An estimated 310 million Americans are uninsured. The PPACA will generate quite a bit of revenue for the mega-insurance corporations.
Demonstrators against Obamacare crowded the grounds outside the Supreme Court Building on Capitol Hill. Republicans who are against the PPACA stated that the decision marks the US government’s intervention in the private lives of Americans, forcing them to purchase healthcare simply because the government said so. Private employers will be forced to reduce existing care. The tax imposed on the American public is twofold: 1) taxed if you do not adhere to the law, 2) taxed to fund the expansion of Medicaid. Either way, the government’s coffers become bigger and the private insurance corporations become richer.
Roberts asserted that “the federal government does not have the power to order people to buy health insurance”, however seemed to flip-flop as he stated: “The federal government does have the power to impose a tax on those without health insurance.”
Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan and Chief Justice Roberts upheld the law as reflective of the constitution, while Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito said jointly that they would have struck the law down in its entirety. Justice Kennedy explained: “. . . vast judicial overreaching. It creates a debilitated, inoperable version of healthcare regulation that Congress did not enact and the public does not expect.”
Regardless of the US Supreme Court’s ruling, the US Constitution explicitly explains that no branch of government can mandate the citizens of the Republic must purchase anything. This ruling is an example of the over-reaching usurped powers that the Obama administration has been stealthily implying since 2008.
Roberts admitted that Obamacare’s “requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax,” yet stated that “because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness.”
In another slight of hand, the US Supreme Court’s decision mentioned that Congress overstepped its bounds by expanding the Medicaid program for the uninsured. According to the Justices, individual states could be stripped of their Medicaid funding if they refuse to comply with the government’s expansion of the program.
With the approval of Obamacare, the federal government will spend an excess of $1 trillion on subsidized coverage for Medicaid. Taxes to pay for this will be Hidden inside taken from consumers of healthcare, as it is trickled down from the private insurance corporations, to the hospitals, and the doctors, and finally employers.
The Medicare surtax that begins in 2013 will force individuals whose income is $200,000 ($250,000 if married) to pay more into Medicaid. This tax effects taxpayers by imposing a tax on wage income at a certain level and invents a new Medicare tax on invested income
Individual income could see a 0.9 to 1.45% increase in taxes on wages.
Investment income could see a 3.9% tax on a portion of their capital gains.
Penalties on failure to purchase health insurance under Obamacare will be structured as so:
• By 2014, the penalty will be $285 per family or 1% of income or whichever is greater
• By 2015, the cap rises to $975 or 2% of income
• By 2016, the penalty would be up to $2,085 per family or 2.5% of income or whichever is greater
This translates to beginning at $95 for individuals; rising to $325 and then $625 within a short period of time.
The false sense of security resides in the clause that the penalty could not exceed the average of the lowest insurance premium policy as defined by new health insurance exchanges.
Both Obama and Congress deem this penalty constitutional by citing the Commerce Clause written into the US Constitution, wherein it gives Congress the power to pass laws regulating commerce “among the several states”. This is a gross misinterpretation of the clause to suit their obvious totalitarian agenda.
Health insurance is sold within the mandates of individual states, and there is not national market for Congress to regulate, mandate purchase for or penalize should Americans not comply.
Hidden inside Obamacare is a panel of “unelected government [appointees] on this board submit a legislative proposal to Congress, it automatically becomes law.”
In a recent study conducted by the Cato Institute entitled, The Independent Payment Advisory Board: PPACA’s Anti-Constitutional and Authoritarian Super-Legislature explains that Obamacare creates an Independent Payment Advisory Board (IPAB) comprised of “doctors and patient advocates would be nominated by the President and confirmed by the Senate.”
The IPAB will be enabled to declare:
• Policies regarding healthcare to Congress
• Recommendations on costs, mitigating waste, prioritizing disbursement of care
• Impose taxes whether the US government pays the medical bills or not
• Ration medical care to Americans as they see fit
Obamacare empowers that Secretary of Health and Human Services (SHHS) to become the deciding factor of rules, regulations and laws concerning Obamacare. The SHHS, who enacts the mandates of the IPAB can even supersede Congress. Quite clearly, whatever the IPAB’s plan, it would become law without Congressional approval, oversight, or even be subject to a presidential veto.
Once this proposal is submitted, it is law.
Furthermore, the IPAB would become as powerful as the executive branch of our government, with the right to appropriate funds within the SHHS’ own department.
By using healthcare as a carrot dangling on a stick, Obama has taken his first step toward the actualization of replacing our Constitutional Republic with a Totalitarian Dictatorship.
And the traitorous US Supreme Court has backed him up.
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