Leviathan Unchained

"If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one...." -- James Madison


Today's Supreme Court ruling on the Obamacare and the Individual Mandate marks a black day in our history.  The premise of the ruling is that Congress has essentially unlimited authority to levy taxes.  But when does a tax become a fine?  The ruling upholds the idea that Congress can fine you for failing to comply with any action they dictate.

Unfortunately, we started down this path a long time ago when we embraced tax exemptions for "good behavior."  By dressing it up and calling it an exemption (instead of a penalty for everyone else) we swallowed the poisoned pill and made it part of our tax code.

Our Founding Father recognized the threat posed by the power to tax, and placed limits on it to ensure it would be used soley to collect revenue, not to enslave the populace.  Direct taxes had to be uniformly distributed, without picking favorites: "No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census."

That protection was struck down by the 16th Amendment, and the tax code has been a tool for social engineering and behavior modification ever since.

So now we face a future of fines whenever we fail to submit.  Life, Liberty or Property: Pick two.