June 28, 2012
On todays American Family Radios Todays Issues, Tony Perkins interviewed Ken Klukowski, who provided clarity on the U.S. Supreme Court's confusing ruling today when it ruled 5-4 that the government takeover of health care as constitutional:
KLUKOWSKI: The only meaningful limit on the governments taxing power is whatever the voters are willing to allow in their politicians.
The practical import of this is that Congress can reach anything it wants if its willing to attach a tax penalty for you not doing it, then the whole thing gets roped in under the taxing clause of the Constitution. This case now elevates the taxing clause over the commerce clause and is the single greatest grant of power to the national government in the US Constitution.
The whole argument against this not being a tax is this isnt the government taking your money, this is the government commanding you how you have to go and spend your own money.
The whole purpose of a written constitution is so that for every grant of power to the government there must be a meaningful limit. What the Court ignored her today, what Chief Justice ignored here today is the difference between a tax and a penalty. And the legitimacy of the penalty should depend on whether its constitutional to do whatever you are being penalized for. Such as the individual mandate; if its unconstitutional under the Commerce Clause, then they shouldnt be able to impose a tax penalty on it under the taxing clause.
PERKINS: I pray that its not just the Tea Party, but that every American, every Christian in America realizes whats at stake here . . . Our religious freedom is at stake, the rationing boards are in place, the abortion schemes remains where you will be forced to fund abortion . . . that goes forward now with the Courts decision unless Congress repeals it. So these elections this fall are absolutely critical . . . absolutely essential that you are registered and you are voting and you vote for people . . . [who] dont see the government as the solution to every problem facing our nation.