Congressman: Obamacare Ruling Robs Americans Of Presumption Of Innocence; They’ll Be ‘Punished First, Then Tried’ [Video]

By Craig Bannister | July 11, 2012 | CNS News

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.”

See more “Right Views, Right Now” blogs.

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