By Bill O'Reilly

According to a new CNN poll, the country is divided over the Supreme Court's upholding ObamaCare; 50 percent supporting the decision; 49 percent not supporting it.

But here is something interesting. According to a Kaiser Foundation poll; 41 percent of Americans don't even know what's going on vis-a-vis Obamacare -- that's a lot of folks. They should know because it directly affects every one of us.

So let's start with Chief Justice Roberts. His ruling maintaining the legality of ObamaCare is actually a conservative decision. Judicial activism means judges make laws from the bench and right-leaning Americans hate that.

So, Roberts did not want to overturn a law that had been passed by Congress. And he searched for a way not to strike ObamaCare down. It was a tough go for Roberts who initially wanted no part of ObamaCare.

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JAN CRAWFORD, CBS NEWS: I am told by two sources with specific knowledge of the court's deliberations that Roberts initially sided with the conservatives in this case. He was prepared to strike down the heart of this law, the so-called individual mandate.

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O'REILLY: But the Chief Justice changed his mind when presented with the taxation option. Something the Obama administration didn't even emphasize in its presentation before the Supreme Court.

The truth is that John Roberts wanted to find a way not to strike down a congressional law and he found one. Yes, Congress does have the right to tax, even punitively. And that's what Roberts has upheld. By finding Americans who do not buy healthcare the feds are punishing them using taxes as the weapon. That's been done before.

The huge tax on tobacco a great example but there's one big difference. Nobody can force us to buy tobacco products. The government is forcing us to buy health insurance.

It's hard to believe that Justice Roberts does not understand the enormous power he has delivered to the federal government. According to his reasoning, the feds can now use the IRS to hurt any American who does not do what the feds think they should do. How is that different from a totalitarian government using agencies of force to control behavior? China does that, Cuba does that.

Now, before the left-wing loons become hysterical, "Talking Points" is not comparing ObamaCare decision to communist repression. But the punitive aspect of government power is something that America has always used sparingly, no longer. We either buy the mandated health insurance or we get punished. We either pay that tax on tea or we forgo the beverage. Punitive taxation has never been acceptable to most Americans unless it directly discourages a catastrophe like lung cancer.

So what should conservatives do about John Roberts? Hate him? Vilify him? "Talking Points" says no. The Chief Justice made a mistake. His ruling gives the feds far too much power but he did so to avoid judicial activism so there was a reason.

Instead of name calling, the right must put forth something better than ObamaCare so that Congress will repeal it. So far, the GOP is not off to a good start.

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UNIDENTIFIED FEMALE: So when you repeal this, what are you going to replace it with?

REP. JOHN BOEHNER (R-OH), HOUSE SPEAKER: I just started pointing out. We're going to take a common sense step-by-step approach that puts in place the kind of policies that will make our... our health insurance system more, what I'll call, patient-centered and lower cost.

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O'REILLY: That's not going to cut it. It it's far too general. To be fair, Speaker Boehner went on to promote medical malpractice reform and increase private insurance competition. But the folks need to hear far more clarity now... on how I should say their health needs will be protected by the new Republican plan. You can't be going step-by-step. You've got to say this is how it's going to affect you.

Now, what's at stake here and what Justice Anthony Kennedy well understands is the change that is taking place in Washington. The liberal Obama administration has greatly expanded federal power into decision- making about health, energy delivery and how private business must be run.

The President is also using executive privilege like Richard Nixon used it... to hide federal screw ups. Mr. Obama is basically saying to the country that he and the Democratic Party, are going to change the way the USA does business, receives healthcare, treats the environment and earns a living.

The President is taking from the affluent and giving to the less well off. He is spending massive tax dollars on speculative energy investments and now he is going to punish any American who does not buy into the national healthcare policy, which is really a giant welfare program for those who can't afford to buy health insurance.

"Talking Points" would rather see those folks get healthcare vouchers. In a just society, something Mr. Obama says he wants, the feds could set up a healthcare system that would be optional and provide incentives for the taxpayer to join.

But now, thanks to John Roberts, we have a brave new world in America, one where the feds have a powerful new weapon courtesy of the Supreme Court, a tax bomb. And like other bombs through the history, this one could very well grow more powerful and more destructive.

Finally, the good news. We the people can change the course of the country by voting in America. That's the American way and ironically that is the message that John Roberts is sending us whether he means to or not.

And that's "The Memo."

Pinheads and Patriots

Hip-hop maven, Lauryn Hill, apparently never filed an income tax on earnings of close to two millions bucks. Not good. Perhaps, Ms. Hill could memorize it in song.

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(SINGING)

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O'REILLY: Ok. I have no idea what that means, but I think that was a long or the law reaching out for Ms. Hill who has plead guilty... she could go to federal prison where she might even be able to say hello to Wesley Snipes. If you don't pay your taxes, you're a "Pinhead."

- You can catch Bill O'Reilly's "Talking Points Memo" and "Pinheads & Patriots" weeknights at 8 and 11 p.m. ET on the Fox News Channel and any time on foxnews.com/oreilly. Send your comments to: oreilly@foxnews.com.