Is there a difference? Semantically, a tax is a burden, while a penalty is a cost. Under Obamacare a person who fails or refuses to obtain health insurance is subject to a penalty. The Supreme Court ruled that penalty was not sustainable under the Constitution’s commerce clause but was constitutional as a tax.
Essentially, the United States Supreme Court has decided Congress can tax any activity or inactivity as long as it can get it passed in the House of Representatives and Senate and signed by the President of the United States. The Supreme Court conceded subject matter jurisdiction to Congress provided the issue in contention was sufficiently tied to a federal tax.
The real limits to the power of federal lawmaking power of Congress are found in the fundamental laws, the Organic Laws of the United States of America, which created the House of Representatives, Senate and President of the United States. In yesterday’s Post, the astute reader learned the United States Supreme Court was fashioned around the Chief Justice, the legislative officer in charge of the formal impeachment proceedings of the President of the United States. The Constitution of the United States resulted, when the ninth State ratified “this Constitution,” the Constitution of September 17, 1787, but failed to be adopted by a President and Congress.
The written law begins in America when the English monarchy chartered the American colonies which became the thirteen original States. However, as in Great Britain, the unwritten English common law is the law of the people and their property. The Declaration of Independence of July 4, 1776 initiated the elimination of written law based on absolute allegiance to a monarchical state and the substitution of a written law system based on consent practically guaranteed by the second Organic Law, the Articles of Confederation of November 15, 1777.
It didn’t take long for many of the “Abuses and Usurpations” detailed in the Declaration of Independence to reappear in America, once the lawyers, politicians and Freemasons joined forces to improve the operation of the federal government, by the addition of the Northwest Ordinance of July 13, 1787 and Constitution of September 17, 1787, to the Organic Laws of the United States of America.
There would be no Obamacare and consequently no “individual mandate penalty” without the temporary government sanctioned by the Northwest Ordinance of July 13, 1787. The House of Representatives, where all revenue acts must originate, itself originated in the Northwest Ordinance. The plan of the House of Representatives was to have the voters of the States of the United States of America to tax and make laws for the people of the Union of States which were without “sovereignty, freedom and independence.”
The Constitution of September 17, 1787 was brilliantly written to appear to replace the Articles of Confederation and the First Congress actually replaced the Northwest Ordinance of July 13, 1787 with an exact copy passed by the House of Representatives and Senate and signed by President of the United States George Washington. Legislative enactment of the Northwest Ordinance of July 13, 1787 made that Ordinance applicable to all the territory owned by or subject to the exclusive legislative power of the United States of America.
The Obamacare Individual Mandate can be both a tax and a penalty because all federal laws are written to apply on the territory owned by or subject to the exclusive legislative power of the United States of America. On such territory government power, proprietary power and the general police power are all blended into the military power of the Commander in Chief.
You can learn real Constitutional Law in this Post and in my Basic Course in Law and Government contact me at email@example.com for more information.
Dr. Eduardo M. Rivera