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published by The He’s Not My President? Blog

Sunday, December 13th, Senator Kyl (R-AZ) took to the Senate floor to tell us all about three important taxes included in the Senate’s health care legislation (H.R. 3590), and yet he failed to mention the two most important taxes in the bill.  While Senator Kyl admonished his Democratic colleagues about the “burden [of] a litany of new taxes…in total 12 new taxes in this bill,” he singled out three of those 12 taxes:  1) a new tax on the chronically ill, 2) a new tax on Health Savings Accounts and 3) a new tax on medical devices.  Yet, he neglected to mention the two most important taxes:  1) that every individual and family and 2) that every business will be required to buy an approved health care plan for themselves or for their employees or face a tax.  Not once did Senator Kyl mention that the provision compelling citizens and businesses to make a purchase for themselves or on their employees’ behalf or face a tax is un-Constitutional. Nowhere in our United States Constitution has the Congress been empowered to make citizens make private purchases or businesses provide goods or services to their employees or face a tax.  At no time in the entire 233 year history of this country under our Constitution has such a compulsion to make a purchase or face a tax ever occurred.  These are unprecedented taxes, and yet, Senator Kyl and the entire United States Congress have remained mute on this issue.

There are many who argue that as bad as the Republicans have been on fiscal issues over the past 8 years, there is a difference between the two parties.  Where?  Where is that difference?  The Representatives of both parties are only granted any authority they have through the U.S. Constitution, and yet neither party’s Representatives uphold those guarantees to the American people found in our Constitution.  If the Republicans are so different from the Democrats, then why can’t a Senator from a rather conservative State, Arizona, speak to the Constitutional protections afforded his constituents in the U.S. Constitution?  Why is Senator Kyl, when speaking specifically about the subject of taxes in the Senate health care bill, mute on its most basic un-Constitutional mandate, i.e., the compulsion to purchase an approved health care plan or face a tax?

I offer the obvious answer.  The power derived from taxation and subsequently federal expenditures empowering Congress far outweighs any Constitutional protections you and I should enjoy.  If Senator Kyl wasn’t afraid of losing some of the power he and his fellow Senators abuse, he would feel no compulsion to protect Democrats and their bill’s mandates to purchase health insurance or face a tax.  If Senator Kyl was true to his conservative beliefs, he would be shouting from the top of Capitol Hill how the Constitution provides for a limited government that has no authority to compel citizens to make a private purchase or compel businesses to provide a service to their employees.  But that isn’t what Senator Kyl is doing.  No he’s fine with talking about specific taxes on various people and industries, but he fails to give the true power of limited government in part through limited taxation back to the people by illuminating the Constitutional protections the people are guaranteed.

Senator Kyl, I’m ashamed to have you as my Senator.  I’m ashamed at myself for voting for you last year thinking you would somehow be different from your Democratic colleagues.  You are simply a lighter version of your opponents, and you certainly are not a Senator of the people, fighting for the people, ensuring that the people are guaranteed their Constitutional protections.  Both parties represent just more of the same, and neither party is willing as of yet to protect the people and uphold the Constitution.


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