Saturday, July 7, 2012

The Other Door Is Wide Open

The standard procedure when progressives have wanted to mount an attack on constitutional protections has been to knock on the front door and whisper the magic words, "the Commerce Clause," and the guardians of the door (the Supreme Court) would typically say, like the line from Bob Dylan's Blues, "Tell the judge I said it was all right."  This charade has profoundly expanded the power of the federal government.  In last week's ObamaCare ruling, the court essentially said, "Boys, why do you keep knocking on the front door?  The back door is wide open!"
That any Supreme Court justice could claim that the coercive monster of ObamaCare is OK under the taxing power of the federal government is frightening.  By this strange ruling, the Court has pointed out the unspoken truth that there is no constitutional limit on the amount of taxation or its use, or even what might rightly be called a tax.
Neither in Article I, Section 8 nor in the 16th Amendment is there any limitation whatsoever as to how much tax may be taken.  This very concern was brought up during the ratification of the Constitution and in the Anti-Federalist Papers, as discussed in an earlier American Thinker article.
Frank Chodorov discussed the limitless 16th Amendment in his 1954 book The Income Tax, Root of all Evil:
The amendment puts no limit on governmental confiscation. The government can, under the law, take everything the citizen earns, even to the extent of depriving him of all above mere subsistence, which it must allow him in order that he may produce something to be confiscated.

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