Australia’s carbon tax, like Obamacare, unconstitutional?


Via the Bolta, it could well be. The argument basically boils down to whether the feds can tax stuff owned by the states (the CO2 would be owned by the states).

The constitution says you can’t. Gillard says she wants to.

Fun times.

It looks like we have Gillard doing it over here with her CO2 trace gas tax, and it looks like we have Obama doing it over in the US with his likewise draconian Obamacare (on a lighter note, here’s why Obamacare will be shot down, BTW).

Gillard here. Obama there. In both cases you have federal government leaders trying to seize power that the constitution arguably says they can’t have.

What is with that; power hungry leftist leaders snubbing the founding document of the nations they’re supposed to be leading?

Anyway, with any luck, Gillard’s carbon dioxide tax will be challenged in the High Court like Obamacare is being challenged – and probably successfully, too – in the US Supreme Court.

If so, can we expect Julia to brazenly lash out like Obama did?

  1. Hi,
    Newman in QLD has already spoken out, seems he is looking into it now.

    http://www.brisbanetimes.com.au/queensland/newman-seeks-legal-advice-on-carbon-price-constitutionality-20120410-1wmlh.html

    • There is a petition out if anyone is interested in signing it.

      http://saynocarbontaxaustralia.blogspot.com.au/2012/04/legally-challenge-carbon-tax-australia.html

    • mabba
    • April 10th, 2012

    Thanx for the great links, mags! Hope those 4 non ALP premiers can really pull together on Fri. Let’s see how the brazen negotiator fares (I’d love to underestimate her, but she sure has form- & time- or the lack of it – is on her side).

    • philjourdan
    • April 10th, 2012

    Gillard and Obama – 2 peas in a pod. I hope they do rule it so down under. We are waiting to hear how our own SCOTUS rules on Obamacare.

    But watch the trolls. Lately, they have started calling it PPACA (the official name). In the past, they referred to it like all others as well – Obamacare. Which indicates he has sent his trolls out to the wild to distance himself from the legislation. That could be due to Kagan tipping him off that it had lost, or that it is still hugely unpopular and we are in an election.

    But watch for a similar attempt on the Carbon Tax.

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