Night Strike wrote:Actually, the Supreme Court did say that you can't force a person to participate in the marketplace. However, they then unconstitutionally rewrote the law to claim it was a tax and to say that taxing powers are allowed. And the Supreme Court has been known to take unconstitutional actions in the past in addition to this one, so it's not a huge surprise. That's what happens when you have a minimum of 4 judges who will always believe that they can change the Constitution based on their personal whims instead of the intent of the document.
and yet, you saw no problem with them just declaring that corporations were people....
I know this is getting off topic but I'm generally on the fence on this one.
On the one hand there is a significant difference between "rewriting a law" and a "bad declaration." The later is a general power of the Courts, not technically prohibited by the Constitution. The former is a power that belongs to the legislature. That's a major separation of powers violation.
As for the notion that "corporations were people" the qualifier was that it is only in specific cases. The courts didn't say that corporations have the right to vote, or to throw out the corporate taxing system because they should pay taxes like any other "person." It is limited to free speech. The First amendment says "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech
, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." It doesn't mention that the right is limited to "people" or "citizens." One can disagree with the decision, but it's not an extreeme example of writing legislation from whole cloth.