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Well... holy wow. Healthcare Bill UpheldFollow

#152 Jul 02 2012 at 2:29 PM Rating: Decent
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Almalieque wrote:
Bigdaddyjug? wrote:
Dear Mr. Almalieque,

I'm really not one to beg, but I am dying for either a)some of the drugs you're on, or 2)an invitation to whatever fantasy land you're living in.

Sincerely (ok, not REALLY sincerely),

Bigdaddyjug


I'm sorry, but WTFRU?

Jus' sayin'


Where should I begin? The 34 and 1/2 years of my life are a long and twisting road that have led to me being the person I am to-

Oh, you meant you didn't recognize my posting name?

Well, let me answer that with an analogy.

Does one have to be a coroner to recognize the stench of death?
#153 Jul 02 2012 at 2:34 PM Rating: Good
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Bigdaddyug wrote:
Where should I begin?
You shouldn't.
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#154 Jul 02 2012 at 2:37 PM Rating: Good
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lolgaxe wrote:
Bigdaddyug wrote:
Where should I begin?
You shouldn't.


But, but, but, but...

HE STARTED IT!!!
#155 Jul 02 2012 at 2:44 PM Rating: Excellent
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Elinda wrote:
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They named a state after the band?
Umm, where do you think Chicago got it's name?

I assumed the guys from Boston named it.
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#156 Jul 02 2012 at 2:48 PM Rating: Default
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Wait a minute, did the post count just change? How the..? Hmmm.. must be a glitch.
#157 Jul 02 2012 at 2:57 PM Rating: Excellent
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Almalieque wrote:
Wait a minute, did the post count just change? How the..? Hmmm.. must be a glitch.


Alma hears the sound of footsteps as the agents come up the stairs.

He opens a window, looking for an escape, but it's been bricked up. Just a moment ago, it was open. He tries another window, then another. All sealed.

He opens a case and pulls out a set of tommy guns. The agents burst in, and he fires into the air impotently as they fill him full of lead. He falls to the floor, very much dead.




Somewhere, Keanu Reeves feels an itch.
#158 Jul 02 2012 at 5:17 PM Rating: Good
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Wow... in any case, I win....as always...Smiley: nod Carry on..

As Joph might say, I won't even dignify this with a long string of "ha"s.

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Are you implying that the people on this thread are incapable of realizing that a word with multiple meanings can be used in different ways and that one definition doesn't necessarily negate the other?

Except when a word is used in a legal context, in which case it has a very specific definition. The definition that you quoted is not the legal definition of "tax" in this context, and you'd have to be retarded to think or argue otherwise. Your statement above (and your argument based on the definition) is really a non-sequitor, and proves nothing except how blindingly stupid you are.

Here's the applicable definition: "a governmental assessment (charge) upon property value, transactions (transfers and sales), licenses granting a right, and/or income." Notice that nowhere in there does it state that a "tax" is applicable to the lack of possession.

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So, I guess that most people on this thread love paying thousands of dollars for insurance only to still have to pay a deductible, with possibly higher insurance rates?

I love paying for insurance, because it means that I won't be financially destroyed if something serious were to happen to me. Bemoaning a deductible (which you can partially control via your elected premium) and increased rates after an accident (which is determined by statistical and actuarial prediction models) just proves even further how little you understand insurance.

Edited, Jul 2nd 2012 7:13pm by Demea
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#159 Jul 02 2012 at 6:22 PM Rating: Decent
Demea wrote:
Here's the applicable definition: "a governmental assessment (charge) upon property value, transactions (transfers and sales), licenses granting a right, and/or income." Notice that nowhere in there does it state that a "tax" is applicable to the lack of possession.


I think someone already made this point, but if you look at the new tax as a blanket tax from which the insured merely receive exemption, then it is just as perfectly valid under the quoted definition as existing FICA taxes. I realize the wording of the law may not be structured this way, but the net result is equivalent. It's a silly pedantic argument, really.
#160 Jul 02 2012 at 6:26 PM Rating: Good
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BrownDuck wrote:
Demea wrote:
Here's the applicable definition: "a governmental assessment (charge) upon property value, transactions (transfers and sales), licenses granting a right, and/or income." Notice that nowhere in there does it state that a "tax" is applicable to the lack of possession.


I think someone already made this point, but if you look at the new tax as a blanket tax from which the insured merely receive exemption, then it is just as perfectly valid under the quoted definition as existing FICA taxes. I realize the wording of the law may not be structured this way, but the net result is equivalent.

This is true, but it's not just the results that matter, but the precedent it establishes.

Edit: also, I'm fairly certain that Obamacare originally passed in the Senate, then was passed through the House, after which it was amended using reconciliation. If this were truly a tax, wouldn't it have to originate in the House? Or does that not even matter at this point?

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It's a silly pedantic argument, really.

I completely agree; your argument is silly and pedantic.

Edited, Jul 2nd 2012 7:28pm by Demea
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#161 Jul 02 2012 at 6:33 PM Rating: Decent
Demea wrote:
This is true, but it's not just the results that matter, but the precedent it establishes.


The argument over precedent is valid, and I agree with your point there, I think.

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Edit: also, I'm fairly certain that Obamacare originally passed in the Senate, then was passed through the House, after which it was amended using reconciliation. If this were truly a tax, wouldn't it have to originate in the House? Or does that not even matter at this point?


Fair point, and possibly a second avenue for legal challengers?

Quote:
Quote:
It's a silly pedantic argument, really.

I completely agree; your argument is silly and pedantic.

Srsly...
#162 Jul 02 2012 at 6:46 PM Rating: Excellent
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From what I heard or half recall, it was originally some other unrelated House bill that was essentially replaced entirely by the Senate bill. So it technically did start in the House. And yes, this is something both parties have done and which has passed master under the Supreme Court in the past.
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#163 Jul 02 2012 at 7:28 PM Rating: Good
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I did read somewhere that the GOP would try to use a similar method to repeal it, assuming (a big assumption) that they get the White House and a majority in the Senate.

Now if only Romney would get on message.
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#164 Jul 02 2012 at 7:46 PM Rating: Excellent
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The second time it hit the Senate, it passed under a budget reconciliation rule which can't be filibustered. The Republicans say they could use the same rule to repeal the mandate part (by lowering the tax penalty to zero) if they have a simple majority in the Senate.

They really shouldn't be able to do so since the Byrd rule states that any changes which would increase the deficit under reconciliation have to be offset and the ACA was scored to lower the deficit by 800 billion so technically they'd have to find money to offset that. Realistically, the GOP would likely just ignore the rule as they have in the past.
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#165 Jul 02 2012 at 7:47 PM Rating: Decent
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Fair point, and possibly a second avenue for legal challengers?


Not a fair point, there are no "second avenues". The end around on AIA expressed in the opinion eliminates standing for challenges related to the 'tax" qualification. All done, SCOTUS is the end of the line, without further congressional action it's law, the machine wheels continue to turn, etc. There's zero chance another writ is granted in the next decade if the law isn't repealed (which, while it's a pithy campaign plank, has about a .005% chance of actually occurring).

Also, you don't understand law. I realize you aren't claiming to or anything, but ****, you're a mess. Read the relevant syllabus at least.
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#166 Jul 03 2012 at 5:27 AM Rating: Default
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Demea wrote:
Except when a word is used in a legal context, in which case it has a very specific definition. The definition that you quoted is not the legal definition of "tax" in this context, and you'd have to be retarded to think or argue otherwise. Your statement above (and your argument based on the definition) is really a non-sequitor, and proves nothing except how blindingly stupid you are.

Here's the applicable definition: "a governmental assessment (charge) upon property value, transactions (transfers and sales), licenses granting a right, and/or income." Notice that nowhere in there does it state that a "tax" is applicable to the lack of possession.


Oh really?

http://dictionary.reference.com/browse/tax?s=t wrote:
a sum of money demanded by a government for its support or for specific facilities or services, levied upon incomes, property, sales, etc.
2.
a burdensome charge, obligation, duty, or demand.


As a noun, there is no "legal" definition as prefaced in the verb definition. In any case, the two definitions say the same thing, except one is the government demanding money to support a service versus anyone else doing the same thing. There is no need for "lack of possession", it's support of a service.

Given the fact that the SCOTUS believes it's a tax and I doubt that you have more experience than them, I'll just stick with my gut on this one. But hey, maybe you can argue with SCOTUS on how they don't know how to use a dictionary.

Demea wrote:
I love paying for insurance, because it means that I won't be financially destroyed if something serious were to happen to me.


Then you don't love paying for insurance, you love being insured. There's a distinct difference that I made in my argument which you obviously overlooked. If you could be insured for free with no backlash to anyone, would you do it? Some people work because they love getting paid, some people actually love their work and would do it for free as a hobby.

Besides, that didn't answer my question. I didn't ask if you love paying for insurance, but paying for a deductible that's less than the amount of the money paid in insurance.

Demea wrote:
Bemoaning a deductible (which you can partially control via your elected premium) and increased rates after an accident (which is determined by statistical and actuarial prediction models) just proves even further how little you understand insurance.


That statement only proves your continuance of not knowing what the terminology "necessary evil" means. Just because I don't like it doesn't in any logical argument means that I don't understand it. As I said, insurance companies are businesses. Just like banks charge interests, insurance companies charge deductibles. It defers people from using the insurance money. People don't like paying interest on credit cards and/or loans, but that doesn't mean that they don't understand it or if the practice is beneficial.

All State seemed to have figured it out. Oh wait, I guess you know more than All State also.. hmmm. Aren't you the smart one?Smiley: oyvey

Demea wrote:
As Joph might say, I won't even dignify this with a long string of "ha"s.


So as I said. I win in any case, Mr. "I know more than the SCOTUS". Carry on now while the rest of us rejoice on the fact that there aren't people out there uninsured. I know that must bother you.
#167 Jul 03 2012 at 6:45 AM Rating: Excellent
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Almalieque wrote:
Given the fact that the SCOTUS believes it's a tax...

Really just one guy on the Supreme Court does. He just got to write the majority opinion.
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#168 Jul 03 2012 at 8:03 AM Rating: Excellent
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that dictionary Alma linked wrote:
a sum of money demanded by a government for its support or for specific facilities or services, levied upon incomes, property, sales, etc.


See, that word services I bolded? When you don't have health insurance and go to the emergency room, guess who picks up the tab? Hey, it's the government. So basically, Roberts decided that the ACA was a tax on people who used those services that the government provides.

Does that fit your definition well enough?
#169 Jul 03 2012 at 8:18 AM Rating: Good
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Demea wrote:
As Joph might say, I won't even dignify this with a long string of "ha"s.
Would have been better if you had.
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#170 Jul 03 2012 at 12:44 PM Rating: Default
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Jophiel wrote:
Almalieque wrote:
Given the fact that the SCOTUS believes it's a tax...

Really just one guy on the Supreme Court does. He just got to write the majority opinion.


Well then, I believe that one guy has a better understanding on this scenario than Demea does. I could be wrong, as politicians tend to label stuff they don't like "unconstitutional", but I see no issue with the usage of that word.

Bigdaddyjug wrote:
that dictionary Alma linked wrote:
a sum of money demanded by a government for its support or for specific facilities or services, levied upon incomes, property, sales, etc.


See, that word services I bolded? When you don't have health insurance and go to the emergency room, guess who picks up the tab? Hey, it's the government. So basically, Roberts decided that the ACA was a tax on people who used those services that the government provides.

Does that fit your definition well enough?


This.

I don't see how the conservatives don't see this. Honestly, I think they support it and they are just jealous that a Democrat pulled it off. Furthermore, this "success" gives the president more leverage for the election. Both sides claim it's about the people and not politics, but we all know the politics play a major role.
#171 Jul 03 2012 at 1:04 PM Rating: Excellent
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Almalieque wrote:
Well then, I believe that one guy has a better understanding on this scenario than Demea does.

You're welcome to believe that but there's a legitimate argument to be made using the opinions of the eight other Justices who didn't see it that way.
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#172 Jul 03 2012 at 1:12 PM Rating: Good
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Saying that the ACA individual mandate can be construed as a tax is as far as I'm willing to agree with you Alma. I can see why the anti-ACA crowd is up in arms, though. Barry O, as well as Dem leaders from Congress, told us over and over how it wasn't a tax, and then one of their (our) own stabs them (us) in the back and lets it pass muster and, of all things, says it counts as a tax.
#173 Jul 03 2012 at 1:43 PM Rating: Default
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Jophiel wrote:
Almalieque wrote:
Well then, I believe that one guy has a better understanding on this scenario than Demea does.

You're welcome to believe that but there's a legitimate argument to be made using the opinions of the eight other Justices who didn't see it that way.


That's why I said that I could be wrong. Everything is political and I'm not a robot without a mind of my own. Just because a politician says "x" is wrong or right, that doesn't automatically change my mind. My point was that this definition of the word can't be as trivial as Demea claims if it were interpreted as such at the SCOTUS level.
#174 Jul 03 2012 at 1:48 PM Rating: Excellent
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I dunno. The same body told me that corporations are people.
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#175 Jul 03 2012 at 2:04 PM Rating: Default
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Jophiel wrote:
I dunno. The same body told me that corporations are people.

I got nothing... More the reason I pride myself on being an independent.
#176 Jul 03 2012 at 2:28 PM Rating: Excellent
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Political Wire wrote:
A new Pew Research poll finds that 45% of Americans either didn't know what the Supreme Court had decided with regards to President Obama's health care law (30%) or thought that the Supreme Court had overturned the law (15%).

The Fix concludes that "assuming that the electorate is paying close attention to the political goings-on -- even when they are so seemingly high profile as the Court ruling on health care -- is a mistake. Most people -- especially those who are unaffiliated or independent voters -- tend to be relatively low information voters. That is, they don't have all the facts on an issue -- and they don't really care to find them out."


This has nothing to do with Alma's "independent" remark; I just read it and found it interesting

Edited, Jul 3rd 2012 3:29pm by Jophiel
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