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TCCRI Rally for Freedom Presentation
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TCCRI Rally for Freedom Presentation

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The presentation from the July 2 Rally for Freedom hosted by TCCRI in Plano, featuring Attorney General Greg Abbott and conservative state legislators. This presentation was delivered by TCCRI ...

The presentation from the July 2 Rally for Freedom hosted by TCCRI in Plano, featuring Attorney General Greg Abbott and conservative state legislators. This presentation was delivered by TCCRI Executive Director John Colyandro.

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TCCRI Rally for Freedom Presentation Presentation Transcript

  • 1. The Central Challenge of our Generation2008: candidate Obama opposed increasing taxes on the middle class andopposed an individual mandate.2009-2010: Congress debates and passes a bill that imposes an individualmandate through penalties. President Obama signs PPACA.2010-2012: Legal briefs filed by the Government argue that the mandate isboth a penalty and a tax. Makes oral arguments to that effect.June 28, 2012: Chief Justice Roberts reasons that the mandate isconstitutional as a tax but not as a penalty; but reasoned the Anti-InjunctionAct isn’t applicable to the case since the penalty in PPACA isn’t a tax.July 1, 2012: White House COS insists the mandate is a penalty despite theCourt opinion. Texas Conservative Coalition Research Institute – txccri.org
  • 2. The Central Challenge of our Generation“Obamacare as passed by Congressdidn’t pass constitutional muster.Obamacare as passed by the SupremeCourt didn’t pass Congress.”Rich Lowry, editor, National Review Texas Conservative Coalition Research Institute – txccri.org
  • 3. The Mandate is unconstitutional but it’s not• “We never have classified as a tax an exaction imposed for violation of the law, and so too, we never have classified as a tax an exaction described in the legislation itself as a penalty.”• “To say that the Individual Mandate merely imposes a tax is not to interpret the statute but to rewrite it.” Dissenting opinion by Justices Alito, Kennedy, Scalia and Thomas. NFIB v. Sebelius Texas Conservative Coalition Research Institute – txccri.org
  • 4. Essential Problems of Obamacare• Substantially increases federal power, especially to tax.• Relies on deficit spending and entitlement expansion, but does not end the problem of the uninsured.• Imposes significant costs and restrictions on businesses and individuals Texas Conservative Coalition Research Institute – txccri.org
  • 5. How Did We Get Obamacare? Stretch the Constitution“Since virtually every aspect of the health care system has an effect on interstatecommerce, the power of Congress to regulate health care is essentially unlimited.” – Nancy Pelosi, December 2009. Texas Conservative Coalition Research Institute – txccri.org
  • 6. How Did We Get Obamacare? Spend Money We Don’t Have“CBO and JCT now estimate that the insurancecoverage provisions of the ACA will have a net cost of just under $1.1 trillion over the 2012– 2021 period.” - Congressional Budget Office , March 2012 Texas Conservative Coalition Research Institute – txccri.org
  • 7. How Did We Get Obamacare? Abuse Congress’ Power to Tax “Those without coveragepay a tax penalty of the greater of $695per year up to a maximum of three timesthat amount ($2,085) per family or 2.5% of household income.” - Kaiser Family Foundation, Summary of Health Reform, April 2011 Texas Conservative Coalition Research Institute – txccri.org
  • 8. How Did We Get Obamacare? Abuse Congress’ Power to Tax• Penalties paid by individuals in Texas are estimated at $2.2 billion through 2019.• Penalties paid by Texas businesses are estimated at $9.3 billion through 2019. http://www.window.state.tx.us/specialrpt/healthFed/hr3590Cost.pdf Texas Conservative Coalition Research Institute – txccri.org
  • 9. How Do We Guard Against Future Federal Overreach?What States can do…What Congress can do…What the People can do… Texas Conservative Coalition Research Institute – txccri.org
  • 10. State Action• In 2000, there were 1.6 million on Medicaid• By 2010, there were 3.2 million people enrolled• The Texas Health and Human Services Commission (HHSC) estimates that caseloads for Medicaid and the Children’s Health Insurance Program (CHIP) in Texas will increase by more than 1.8 million by fiscal 2014, and more than 2.1 million by fiscal 2019 as a result of the federal legislation Texas Conservative Coalition Research Institute – txccri.org
  • 11. Texas Medicaid Spending(% of budget)2001: 14.0%2011: 20.2%2023: 37.2% Texas Conservative Coalition Research Institute – txccri.org
  • 12. State ActionPress other states to join – and Congress to consent to – theInterstate Health Care Compact. Texas joined in 2011.The Interstate Health Care Compact (IHCC), an agreementamong several states in response to federal health carelegislation, is being promoted by the nonprofit Health CareCompact Alliance. Under this compact, member states agreethat:• states should have full discretion over health care spending;• state regulations should supersede federal regulationsconcerning health care reform;• states should receive federal health care funding each yearin the form of direct block grants. Texas Conservative Coalition Research Institute – txccri.org
  • 13. Congressional action• Repeal and Replace Obamacare• Repeal and de-fund aspects of the government apparatus for implementing Obamacare, such as the “penalty”• Give consent to the Health Care Compact Texas Conservative Coalition Research Institute – txccri.org
  • 14. Citizen Action“In questions of power, then, let no more be heard of confidence in man, but bindhim down from mischief by the chains of the Constitution.” - Thomas Jefferson, Kentucky Resolutions, 1798. Texas Conservative Coalition Research Institute – txccri.org
  • 15. Citizen Action Four Potential Constitutional Amendments to Consider:1. Balanced Budget Amendment2. Repeal the 16th Amendment (ending federal income tax)3. Prohibit unfunded federal mandates4. Prohibit federal judges from levying taxes Texas Conservative Coalition Research Institute – txccri.org
  • 16. Citizen Action: Constitutional Amendments to Consider Pass a Balanced Budget Amendment:Debt and Deficit spending allows government togrow beyond its limited powers...The massive increase in federal spending is madepossible because there is no limitation on whatCongress can spend.The consequences have been dire. Texas Conservative Coalition Research Institute – txccri.org
  • 17. National Debt: $15.795 trillion FederalSpending and Revenue 1965 - 2012: Texas Conservative Coalition Research Institute – txccri.org
  • 18. Citizen Action: Constitutional Amendments to Consider Repeal the 16th Amendment:The federal income tax is the primary source of thefederal government’s power to reach into our lives andbusinesses. Obamacare makes this especially true.The federal income tax facilitates crony capitalism andspecial interest strangulation of Congress.Given the Supreme Court ruling, the power to taxinactivity is a broad, new power for Congress. Texas Conservative Coalition Research Institute – txccri.org
  • 19. Citizen Action: Constitutional Amendments to Consider Repeal the 16th Amendment: “The 16th Amendment gave government a limitless lien on a man’s property and, byextension, on his life. The Amendment turnedgovernment into the almighty source – rather than the protector – of man’s rights and Americans into indentured slaves.” - Ilana Mercer, Jerusalem Institute for Market Studies Texas Conservative Coalition Research Institute – txccri.org
  • 20. Citizen Action: Constitutional Amendments to Consider Prohibit Unfunded Mandates:Despite Congressional enactment of legislation as theState and Local Cost Estimate Act of 1981 (Public LawNo. 97-108) and the Unfunded Mandates Reform Actof 1995 (Public Law No. 104-4), the federalgovernment continues to impose unfunded mandatesand effectively dictate program administrationthrough regulation. Texas, like all states, must ask thefederal government for management flexibility. Texas Conservative Coalition Research Institute – txccri.org
  • 21. Citizen Action: Constitutional Amendments to Consider Prohibit Unfunded Mandates:Prohibit federally-imposed mandates uponstate governments, or local units ofgovernment, for which the federalgovernment does not provide the necessaryfunding with which to completely pay forthe implementation of such mandates Texas Conservative Coalition Research Institute – txccri.org
  • 22. Citizen Action: Constitutional Amendments to Consider Prohibit Federal Judges from taxingIn 1990, with a vote of 5 to 4, the Supreme Court, in Missouri, etal. v. Jenkins, et al. (495 U.S. 33), disregarded Article I, Section 8 ofthe Constitution, which reserves solely to the legislative branch ofgovernment the authority to tax.Since 1993, lawmakers in 27 states and territories have adoptedand transmitted to Congress memorials requesting that Congresstake necessary action to amend the Constitution.Clearly prohibit all federal courts from ordering or instructing anystate or political subdivision to levy any new tax or to increase anyalready-existing tax Texas Conservative Coalition Research Institute – txccri.org
  • 23. Citizen Action: Constitutional Amendments to Consider Prohibit Federal Judges from taxing“Imposing a tax through judicial legislationinverts the constitutional scheme, and placesthe power to tax in the branch of governmentleast accountable to the citizenry.”Dissenting opinion by Justices Alito, Kennedy, Scalia andThomas. NFIB v. Sebelius Texas Conservative Coalition Research Institute – txccri.org
  • 24. Recommended Reading Texas Conservative Coalition Research Institute – txccri.org
  • 25. Recommended Reading Texas Conservative Coalition Research Institute – txccri.org
  • 26. Recommended Reading Texas Conservative Coalition Research Institute – txccri.org
  • 27. Recommended Reading Texas Conservative Coalition Research Institute – txccri.org
  • 28. txccri.org - txccri.org - txccri.org