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Judge Andrew Napolitano sounds off on the Supreme Court’s ruling on the president’s health-care law.
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Are on a platter.
That is how my next guest defines the supreme court's historic decision.
On president Obama's health care law upholding it by calling the mandate in the penalty while the penalty.
Attacks.
Vast -- taxing authority vast new authority that the court just handed.
Well congress judge Andrew -- Hanna is here to talk all about it power on a platter scary well.
It is scary and the reason I say that is because the the opinion stands for the proposition -- the Congress's ability to taxes without limit.
So we know that congress can tax your income and other congress can tax your purchase of gasoline and other congress can tax your purchase of tobacco.
But this is the first time in the history of the country that congress can tax you for doing nothing.
So the government commands you to buy health insurance and you don't buy it and the congress can impose a tax.
Even though the command that is unconstitutional how -- we know that because the opinion says it.
Congress has no authority to -- -- do you.
To purchase a product but yet it can tax you for the failure to purchase it if you extend that logic out just one more step.
Then congress can command anything it wants whether it's authorized to do so under the constitution.
And that the taxes you for not complying with that command than the command and the tax of some.
How lawful that's why -- called a power on a platter is a vast new federal power.
That this bizarre coalition for progressive justices.
And one.
Chief Justice who held himself found on the bottom of -- and I'm ready ourself out of the conservative President Bush nominated him -- that.
-- that they form this coalition.
In they grounded the law in legal arguments that -- the proponents of the lauded.
It they had the essentially this court -- that Supreme Court decisions that congress you can.
Impose behaviors.
On the American people and you can do it at the what do -- freely as long as you college attacks it's like we want you to do XY and Z.
-- we can make you do that and just called -- tax it.
Where could this potentially go I don't wanna be -- fear monger well it could it could go.
To the limits of the political.
Classes ability get away with -- And never underestimate how far that -- all right let me make it Justice Scalia teasing -- said in the oral argument in the opinion back in March.
Can the government if it's gonna pay your medical bills control your -- can force you to eat broccoli.
And everybody laughed well from this opinion yes it can't.
It can say dig in you will eat broccoli three times a week and if you don't we will find you as -- -- calls the fine attacks.
So that's that that's how far the government Kigali could regulate private human behavior.
By taxing people for failure.
To comply with that -- Judge what -- do what one thing that I know a lot of people have tried to come to grips with is this.
Chief justice's ruling get really goes against the origins of this country and will -- -- against.
Arbitrate taxation against onerous taxation and it any get it not only goes against it moves -- -- this nation and completely different direct I don't wanna track.
Get into the chief justices had -- he is known to me is and intellectually honest.
Person who was a serious legal scholar.
But his scholarship in this case.
Reveals.
A a willingness.
To -- at straws in order to support the statute of the statute itself says this is a penalty.
It's a shared responsibility.
It's compensation for the -- health care services that you're gonna get any way if you go into a hospital where they can't turn you down.
And yet somehow the court converted that into -- tax -- in the court has never.
Never in italics converted.
A penalty into a tax.
This is the first -- -- right straight congress has called something a penalty and the court had said has said notes attacks but.
I guess the hope lies and we have always been quite opposed and very sensitive to unearth oppressive taxation they're well I think they've got -- -- look -- -- of the income taxes a hundred years old next year.
And when it was proposed Woodrow Wilson said you'll never be beyond 3%.
It was up to 20% and five years in World War II was at 92%.
Now have a marginal rate is 37 am 38 and half.
So the American people will tolerate.
Per heavy taxation as long as it's on somebody else to India can catch -- -- what's it gonna have a great day even -- it's a little gloom you know.
Gloomy I love having you here it's not -- -- you know what it's important to the future of this country and what happens to it.
After our generation's -- wealthy.
-- understand what happened.
The portrait of the constitution and gave the congress as you say power on a platter -- -- as you set out just -- what you said I've just repeating -- because -- -- genius.
Auspices judge Andrew Pollack had an encampment of great thing happy fourth of July you as well celebrate Labor Day dump higher tag -- -- --
