'You Are Punished First, And Then Tried' With Obamacare 'Tax,' Congressman Warns

July 11, 2012 - 10:55 AM

Rep. Tom McClintock (R-Calif.) warns that the Supreme Court’s Obamacare ruling has robbed Americans of the presumption of innocence, so they’ll be “punished first, then tried.”

“In reaching its conclusion, the Court obliterated a fundamental distinction between a penalty and a tax,” McClintock said Tuesday in a speech on the House floor:

“If the government fines you $250 for running a red light, or it taxes you $250 for running a red light, the effect is the same. What’s the difference? There are two critical differences.”

“First, as a fine – as a penalty – the burden of proof is on the government to prove that you ran that red light. As a tax, the burden of proof is on you to prove that you did not run it. Anyone who has ever undergone an IRS audit knows exactly what I mean. This decision fundamentally alters the most cherished principle of our justice system: the presumption of innocence.”

“There is a second, even more chilling difference between a penalty and a tax. Under our Constitution, no penalty can be assessed without due process – you cannot be punished until you have had your day in court. But to challenge a tax, you must pay first pay that tax before you can seek redress through the court. You are punished first, and then tried."

“This is the madness of Lewis Carroll’s Red Queen brought to life: “Sentence first – verdict afterwards.”

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