Jun
29
“The Affordable Care Act’s requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax,” Chief Justice Roberts wrote in the majority opinion. “Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness.”
The parties who brought their dispute to this Supreme Court did by their actions agree to abide by that court’s opinion. That court’s claims do not impose a tax even on the parties to the litigation.
All laws and all taxes must be traced back to one or more Organic Laws of the United States of America to determine its validity and scope of the tax or law. Chief Justice Roberts traced the financial penalty back to the Constitution, however, a penalty is actually a government charge which is a product of the exercise of the general police power which goes back to the Northwest Ordinance of July 13, 1787.
The Northwest Ordinance is both the source of the federal power to tax and the police power. The federal police power and the power to tax are limited to the territory owned by or subject to the exclusive legislative power of the United States of America.
The Northwest Ordinance of July 13, 1787 made that territory other territory owned by or subject to the exclusive legislative power of the United States of America forever a part of the Confederacy, the United States of America, provided the United States of America retained a proprietary interest in the land .
All the Obamacare taxes are only applicable where the United States of America has retained the general police power by retaining the proprietary power.
The Organic Laws of the United States of America are studied in my Basic Course in Law and Government, which can be taken on a trial basis for as little as $50. Completion of the Basic Course qualifies the Student for the Advanced Tax Course. Contact me at edrivera@edrivera.com for information about both.
Dr. Eduardo M. Rivera
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