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Author Topic:   Scalia is a Scoundrel
ICANT
Member (Idle past 135 days)
Posts: 6769
From: SSC
Joined: 03-12-2007


Message 23 of 108 (762935)
07-18-2015 1:02 AM
Reply to: Message 20 by jar
07-17-2015 9:48 PM


Re: how can the Supreme Court make an unconstitutional decision?
Hi jar
jar writes:
Can you point to an unconstitutional decision that SCOTUS has made or at the least explain how SOCTUS could make an unconstitutional decision?
They can't.
But they made a law. In fact they have made several laws in the last couple of years.
They have no authority to make a law that is the congresses job.
They can only determine if the laws the congress pass are in accordance with the constitution.
The Supreme Court or the President making laws is unconstitutional, and is called tyranny.
God Bless,

"John 5:39 (KJS) Search the scriptures; for in them ye think ye have eternal life: and they are they which testify of me."

This message is a reply to:
 Message 20 by jar, posted 07-17-2015 9:48 PM jar has replied

Replies to this message:
 Message 24 by Dr Adequate, posted 07-18-2015 1:32 AM ICANT has not replied
 Message 26 by NoNukes, posted 07-18-2015 2:10 AM ICANT has replied
 Message 27 by jar, posted 07-18-2015 8:43 AM ICANT has not replied
 Message 28 by AZPaul3, posted 07-18-2015 9:01 AM ICANT has not replied
 Message 29 by ringo, posted 07-18-2015 12:06 PM ICANT has not replied

  
ICANT
Member (Idle past 135 days)
Posts: 6769
From: SSC
Joined: 03-12-2007


Message 30 of 108 (762966)
07-18-2015 12:14 PM
Reply to: Message 26 by NoNukes
07-18-2015 2:10 AM


Re: how can the Supreme Court make an unconstitutional decision?
Hi NoNukes
NoNukes writes:
And of course to do their job the Supreme Court (like any other court) must interpret the law.
Which sentence in Section 2 of Article 3 gives the Supreme Court the Authority to interpret the law?
It does state:
quote:
Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
The affordable care act was passed and sold to the public as having a penalty. It would have never passed Congress as a tax.
When it reached the Supreme Court the Court said it was a tax and upheld the law since it was a tax.
Where did the Supreme Court get the authority to change the penalty to a tax?
Section 7 of Article 1 states:
quote:
All Bills for raising Revenue shall originate in the House of Representatives;
Since the House of Representatives did not pass a law that stated the fee was a tax instead of a penalty the court had no authority to change the wording of the law making the penalty a tax.
The court can only rule on the fact of the law. There is no place they can change the law passed by Congress.
They should have declared the law unconstitutional and sent it back to the Congress for correction.
But they knew it would never be changed and they made a political decision to uphold the law. They did not rule according to the Constitution but their political beliefs.
God Bless,

"John 5:39 (KJS) Search the scriptures; for in them ye think ye have eternal life: and they are they which testify of me."

This message is a reply to:
 Message 26 by NoNukes, posted 07-18-2015 2:10 AM NoNukes has replied

Replies to this message:
 Message 31 by NoNukes, posted 07-18-2015 5:34 PM ICANT has replied

  
ICANT
Member (Idle past 135 days)
Posts: 6769
From: SSC
Joined: 03-12-2007


Message 39 of 108 (762986)
07-19-2015 3:01 AM
Reply to: Message 31 by NoNukes
07-18-2015 5:34 PM


Re: how can the Supreme Court make an unconstitutional decision?
Hi No Nukes,
NoNukes writes:
Your entire remarks about the Court ignoring the constitution, if it is to be given any weight, would apply only to Chief Justice Roberts.
The commerce clause does not give anyone the authority to levy a tax.
Neither does Chief Justice Roberts.
The House of Representatives is the only goverment body that has the authority to start a bill that levy taxes.
The bill that was passed was started in the Senate and not the House of Representatives which had passed the Affordable Health Care for America Act.
The IRS can not make a law to levy a tax. They can only collect the taxes that has passed the Congress in regular order.
But since the bill that was passed out of the Senate could not get enough democrats to support it in the House and the reconcilation bill would not then pass the Senate all kind of deals and promises was made to several of the democrat members of the House that they voted to pass the Senate bill and they are still waiting for the promises to be fulfilled.
So the bill that was passed was a bill that started in the Senate and included a tax which makes the bill an unconstitutional bill.
NoNukes writes:
It is not necessary for the House of Representatives to point to a specific part of the constitution and identify that as the support for a law.
No the House does not have to point to a spoecific part of the constitution and identify support for a law.
It is the job of the Court to know or at least read the Constitution before they rule on anything.
The Constitution plainly states that the House of Representatives is the only body who has the authority to start a bill that has to do with levying any tax.
Give me the line in the Constitution that gives anyone the authority to levy a tax of anykind. The only ones who can start a bill to levy a taxe is the House of Representatives.
Now don't get the wrong impression about what I believe. Because I believe it is necessary for our federal goverment to discard the Constitution and change the US into a socialist state. Because my Bible tells me that we must have a one world government with one man ruling the entire world. The first 3 1/2 years of his rule will be pretty good with the last 3 1/2 years being hell on earth for anyone who opposes anything he wants to do. Without these things taking place Jesus can't come back and take me home to be with Him. So bring it on.
I will still argue for what is right even though these things must come to pass.
God Bless,

"John 5:39 (KJS) Search the scriptures; for in them ye think ye have eternal life: and they are they which testify of me."

This message is a reply to:
 Message 31 by NoNukes, posted 07-18-2015 5:34 PM NoNukes has replied

Replies to this message:
 Message 40 by Dr Adequate, posted 07-19-2015 4:19 AM ICANT has replied
 Message 54 by NoNukes, posted 07-19-2015 3:21 PM ICANT has not replied

  
ICANT
Member (Idle past 135 days)
Posts: 6769
From: SSC
Joined: 03-12-2007


Message 88 of 108 (763084)
07-20-2015 2:06 PM
Reply to: Message 40 by Dr Adequate
07-19-2015 4:19 AM


Re: how can the Supreme Court make an unconstitutional decision?
Hi Dr,
What part of the constitution repeals Article 1 of Section 7 which states:
quote:
All Bills for raising Revenue shall originate in the House of Representatives;
It makes no difference what an appeals court or any other court says. Unless Article 1 of Section 7 of the Constitution is repealed and ratified by a vote of 3/4's of the States it is still the law.
Now if the House of Representatives are not willing to insist on all bills to raise revenue starting with them that creates a problem and all of them need to be replaced as they are not doing their job.
You say they can't insist. Sure they can all they have to do is close the purse strings and shut of all monies until their powers are restored. You say that would cause chaos. I agree. But it would not last long if they kept the purse strings closed. Everybody including you would be screaming for their powers to be restored so they would open the purse strings.
Now please explain what the word 'ALL BILLS' mean if it does not mean 'ALL BILLS'.
Raising revenue means raising revenue. It does not limit what kinds of revenue. It just says revenue.
God Bless,

"John 5:39 (KJS) Search the scriptures; for in them ye think ye have eternal life: and they are they which testify of me."

This message is a reply to:
 Message 40 by Dr Adequate, posted 07-19-2015 4:19 AM Dr Adequate has not replied

Replies to this message:
 Message 89 by NoNukes, posted 07-20-2015 2:18 PM ICANT has replied
 Message 91 by JonF, posted 07-20-2015 2:51 PM ICANT has replied

  
ICANT
Member (Idle past 135 days)
Posts: 6769
From: SSC
Joined: 03-12-2007


Message 90 of 108 (763086)
07-20-2015 2:43 PM
Reply to: Message 50 by JonF
07-19-2015 12:52 PM


Re: how can the Supreme Court make an unconstitutional decision?
Hi JonF
JonF writes:
But you are missing the fact that the ACA originated in the House.
You need to get your facts straight before you make such bold assertions.
The Affordable Care Act (H.R. 3590) originated in the Senate.
The Affordable Health Care for America Act House bill", HR 3962 originated in the House.
Harry Reid could not get enough support in the Senate to pass the House bill HR 3962.
Nancy Pelosi having a democratic majority in the House mustered enough votes to pass the Senate Bill H.R. 3590.
So the Senate Bill H.R. 3590 is the one that became law.
So how do you determine the bill H.R. 3590 originated in the House?
God Bless,

"John 5:39 (KJS) Search the scriptures; for in them ye think ye have eternal life: and they are they which testify of me."

This message is a reply to:
 Message 50 by JonF, posted 07-19-2015 12:52 PM JonF has replied

Replies to this message:
 Message 94 by JonF, posted 07-20-2015 3:03 PM ICANT has not replied

  
ICANT
Member (Idle past 135 days)
Posts: 6769
From: SSC
Joined: 03-12-2007


Message 92 of 108 (763088)
07-20-2015 2:51 PM
Reply to: Message 89 by NoNukes
07-20-2015 2:18 PM


Re: how can the Supreme Court make an unconstitutional decision?
Hi NoNukes,
Read my message below the one I am replying too.
God Bless,

"John 5:39 (KJS) Search the scriptures; for in them ye think ye have eternal life: and they are they which testify of me."

This message is a reply to:
 Message 89 by NoNukes, posted 07-20-2015 2:18 PM NoNukes has seen this message but not replied

  
ICANT
Member (Idle past 135 days)
Posts: 6769
From: SSC
Joined: 03-12-2007


Message 93 of 108 (763089)
07-20-2015 2:58 PM
Reply to: Message 91 by JonF
07-20-2015 2:51 PM


Re: how can the Supreme Court make an unconstitutional decision?
Hi JonF,
JonF writes:
The ACA started in the house
As I said in the message you replied too.
HR 3962 was started in the House.
H.R. 3590 was started in the Senate.
Reid could not get enough support to pass the House Bill but Pelosi was able to get enough votes in the House to pass the Senate Bill.
The Senate Bill H.R. 3590 became the law.
End of discussion.
God Bless,

"John 5:39 (KJS) Search the scriptures; for in them ye think ye have eternal life: and they are they which testify of me."

This message is a reply to:
 Message 91 by JonF, posted 07-20-2015 2:51 PM JonF has replied

Replies to this message:
 Message 95 by JonF, posted 07-20-2015 3:05 PM ICANT has not replied
 Message 96 by Dr Adequate, posted 07-20-2015 4:43 PM ICANT has not replied

  
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