Authored by William Robert Barber
“The power to tax is the power to destroy.” A statement presented by Daniel Webster and recited by Chief Justice Marshall in the Supreme Court case, McCulloch v. Maryland. Webster, in arguing the case, said: “An unlimited power to tax involves, necessarily, a power to destroy,” 17 U.S. 327 (1819).
Chief Justice Roberts, circumventing good sense as well as the principles of federalism and the meaningfulness of enumerated powers, concocted contradicting verbiage within a majority opinion so to enable ObamaCare. The justice has unequivocally declared that the federal government has the power to tax its citizenry any amount for any reason, and such requires nothing more than the declaration of congress. This declaration has taken the concept, the spirit, the expressed limitations of government, the idea of State sovereignty, and individual liberty and thrown them under the thumb of the all-powerful federal government.
I fear for the very worse of outcomes; the genesis of this ruling has no constitutional basis… nevertheless, the ruling is now law. This justice has legalized taxation as a method and source to be used by ‘those in power,’ to coercively alter behavior to suit a particular configuration of “in the public interest.”
Today, all Americans or certain Americans can be singled out to pay a tax to rid a government debt or to finance a future government budget. These Americans will be singled out by the powerful as a lawful means to “spread the wealth.” Following the logic of the unlimited right to tax these assessments will be voted upon by those that do not have as much money; assessments will continue until all wealth is exhausted. Sounds like a liberal progressive economic fairness deductive brought to conclusion.
Before the founding of the republic and since there has been a constancy of contesting for power, from the very beginning those in power have abused their position, and as a result this nation has matched its goodness — often disproportionately– with its wickedness. In other words, no right thinking citizen can trust government or those who manage government. It is an obligation of citizenship to consider government and those that govern with the utmost askance.
An ample example of the abuse of power was the Alien and Sedition’s Act of 1798 wherein the majority in power passed this blatantly unlawful and unconstitutional legislation solely to quell political opposition. In 1942, President Roosevelt affirmed Executive Order No. 9066 wherein Japanese-American citizens were ordered to turn themselves in to the authorities for purposes of internment. In addition to the loss of individual liberty, these citizens lost all property and constitutional rights. Remember: President Roosevelt’s political ideology was liberal progress, a president of the people… well, clearly, not all of the people.
As President Roosevelt proved, executive orders are the tools of the dangerously powerful; even revered leaders, particularly in a time of war and economic crisis, can behave as if Caesar. It took the election of 1800 to quash the Alien and Sedition’s Act and it will take the election of 2012 to void ObamaCare.
It is time that the spirit and meaningfulness of the 1789 Constitution be reinvigorated and amended to define limited government, individual liberty, federalism, enumerated, implied, and explicit governmental powers! And while we are busy with that task, certain labor laws, civil, and criminal laws need to be either struck or watered down to favor the individual rights over government interference and general bullying.