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Don't Expect the Supreme Court to Save You
Patriot's History of the United States ^ | 12/24/09 | LS

Posted on 12/24/2009 5:08:09 AM PST by LS

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To: LS
I think you'd better read this piece from MICHAEL BARONE

Reform’ Bill's likely legacy

We can't say with assurance that the Kansas-Nebraska Act was unpopular — Gallup didn't start polling until 81 years later. But the results of the next election were pretty convincing: The Republican Party was suddenly created to oppose the Kansas-Nebraska Act, and the 1854-55 elections transformed the Democrats’ 159-71 majority to a 108-83 Republican margin. Democrats didn't win a majority of House seats for the next 20 years.

On the health-care bill, there can be little doubt about public opinion. Quinnipiac, polling just after the Senate voted cloture, found Americans opposed by a 53 percent to 36 percent margin. Polls suggest that Democrats may suffer as much carnage in the 2010 elections as they did in 1854.

Nor did the Kansas-Nebraska Act settle the issue it addressed. Pro-slavery and anti-slavery settlers fought it out in “bleeding Kansas,” and Douglas felt obliged to break with the Democratic administration and disown election-stealing by the pro-slavery side"

Read more: http://www.nypost.com/p/news/opinion/opedcolumnists/reform_bill_likely_legacy_SejC2P2VSHtmAB1ZjygnnM#ixzz0ac2qTwQ4

21 posted on 12/24/2009 5:32:10 AM PST by SmokingJoe
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To: LS

2 arguments that Republicans have made:

1) Obamacare is unconstitutional on 10th amendment grounds. Insurance is a state issue.

2) We should have federally mandated tort reform and removal of restrictions on interstate health insurance purchases.

Aren’t those 2 arguments inconsistent? Either states can control insurance for their people or they can’t.

The Dems’ positions are inconsistent too.


22 posted on 12/24/2009 5:32:22 AM PST by ding_dong_daddy_from_dumas (Joe Wilson said "You lie!" in a room full of 500 politicians. Was he talking to only one person?)
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To: ClearCase_guy

“The solution is secession.”

Personally, I’d prefer this to revolution. Pick a couple states, draw a line and let the godless, liberal, banana-republic eat itself.

I susspect it would be like Israel and constantly under attack of the emerging, global non-representative government.

So much of this stuff seems difficult to predict. I will only say that when everything goes sideways, it is going to happen very quickly.


23 posted on 12/24/2009 5:33:55 AM PST by incredulous joe ("I like smiling! Smiling is my favorite!!")
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To: LS

I believe you are correct. There is only one solution, it worked for the founding fathers, it’ll work for us as well.


24 posted on 12/24/2009 5:34:30 AM PST by exnavy (God save the republic)
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To: Def Conservative

He did not have a Repub majority in COngress though.


25 posted on 12/24/2009 5:34:54 AM PST by Muzzle_em (Adopt a new furry best friend today! They have nothing but love to give.)
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To: napscoordinator

Me shell Obama, and Eric Holder.


26 posted on 12/24/2009 5:36:38 AM PST by exnavy (God save the republic)
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To: Muzzle_em

Yup, that hurt him too. But at leats he tried.


27 posted on 12/24/2009 5:37:08 AM PST by Def Conservative (Obama is a joke.)
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To: Daisyjane69

He voted for Rmoney care (same thing), He was on Laura Ingrahm’s show telling all of America how great Romney care is. His website from his time running for state senate tell his positions on green incentives, abortion, gun control and health care very well.
RINO to the degree of Snowe Colins or Grahm


28 posted on 12/24/2009 5:37:33 AM PST by Billg64 (It is my belief that this is our last opportunity to peacefully protect our republic.)
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To: LS

What of the “Seperation of Powers”? Powers not granted by the Constitution are given to the states. There is a Constitutional boundary which they have crossed. The Federal Gov’t cannot force anyone to buy insurance. This will be challenged in court.


29 posted on 12/24/2009 5:38:50 AM PST by rbosque (11 year Freeper! The real reason the left wants to disarm us is becoming clearer.)
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To: incredulous joe
I’m no expert, but I predict the nation will be broke in very short order; without healthcare for anyone.

Does anyone really think that Congress is going to collect excessive taxes for the next 4 years that are intended for Healthcare without raiding it for yet another massive spending program? They just created another sucker tax for the General "slush" Fund that is already full of I.O.U.'s from Social Security, Medicaid and Medicare along with an additional 12.4 Trillion Dollars of debt hanging over it.

30 posted on 12/24/2009 5:39:16 AM PST by Dixie Yooper (Ephesians 6:11)
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To: LS
the Democrats will now run specifically on the tax increases as a means to battle the deficits and claim that any attempt to repeal any of this health non-care bill will be fiscally irresponsible and will result in higher deficits”

No.
Read this:
“CBO: Real 10-Year Cost of Senate Bill Still $2.5 Trillion

The Democrats are irresponsibly and disingenuously claiming that the bill would cost $871 billion over 10 years. But that's not what the CBO says. Rather, the CBO says that $871 billion would be the costs from 2010 to 2019 for expansions in insurance coverage alone. But less than 2 percent of those “10-year costs” would kick in before the fifth year of that span. In its real first 10 years (2014 to 2023), the CBO says that the bill would cost $1.8 trillion — for insurance coverage expansions alone. Other parts of the bill would cost approximately $700 billion more, bringing the bill's full 10-year tab to approximately $2.5 trillion — according to the CBO.”
http://www.freerepublic.com/focus/f-news/2411500/posts

And this:
Change Nobody Believes In
A bill so reckless that it has to be rammed through on a partisan vote on Christmas eve.
http://online.wsj.com/article/SB10001424052748704398304574598130440164954.html

31 posted on 12/24/2009 5:40:18 AM PST by SmokingJoe
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To: LS
Someone pointed out a few days back that once the health care bill passes it will become the equivalent of the political third rail. The democ’rats will use it to bludgeon republicans as in ‘Republicans want to take away health care’ ... not unlike threatening to take away social security. Once the entitlement aspect gels, and that won't take long, thanks to the ‘rat propaganda machine the liberal MSM ... the sheeple will vote democrats back as they will (with the millions of illegals who will soon be given amnesty & fast tracked towards citizenship) easily have the majority.
32 posted on 12/24/2009 5:41:46 AM PST by BluH2o
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To: pnh102
This is Marxist one world gubmint, no one will be leaving this party.

This will be solved only by the spilling of blood.

33 posted on 12/24/2009 5:42:20 AM PST by exnavy (God save the republic)
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To: Def Conservative

They are saying access is a right. Access to what. There will be free access but no Doctors. That is how Socialism works. Everything is free but there isn’t any.


34 posted on 12/24/2009 5:43:15 AM PST by screaminsunshine (!!)
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To: exnavy
This is Marxist one world gubmint, no one will be leaving this party.

This is something Israel has to deal with every single day. If they are determined enough to do it, then so are we if we need to.

I still hope and pray to God that things turn around, but realistically speaking, it isn't looking good.

35 posted on 12/24/2009 5:50:45 AM PST by pnh102 (Regarding liberalism, always attribute to malice what you think can be explained by stupidity. - Me)
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To: exnavy

Refefence the last sentence of your post # 33.

You are correct. And from what I have seen, it will not happen. By and large, there will be compliance. There may and probably be isolated resistance and those will be crushed but, I will die as a free man. And as a personal observation, that will be preferable to me than living as an obama slave.

Even as late as 2000 they could have not gotten away with this. It just shows how far into a slave mentality we have slipped as a Nation in the last 10 years.


36 posted on 12/24/2009 5:51:28 AM PST by sport
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To: LS
"So prepare yourselves: the challenges to the health non-care bill will be on the grounds of inequality—that is, Nebraska got a special deal—or various “takings” that say that the Federal Government is taking money without constitutional authority."

The likelihood that this will be overturned on "inequality" grounds is very very low. Because where do you draw the line? To say that the congress must treat all states equally, would tie their hands to respond to a Katrina, or to do almost anything. Even simple road projects would become a nightmare of equality testing.

However, if this mandates the states to do something that is reserved to the states by the tenth amendment, that could be successfully challened. That has clear legal precedent.

Of course, the Federal government normally does not mandate, but provides matching funds, to incent a state to follow the federal program. A state that refuses is penalized, because their people are still being taxed by the federal government, but the state is not getting a share of the Federal funds back.

I suspect, that there are grounds to challenge this bill as being a mandate, not merely an incentive, to the states in a non-enumerated area.

We could challenge the use of conditional funds predicated on behavior not enumerated by the tenth, as being tantamount to a mandate. I don't know if it has ever been done. That would be far more useful in reigning in an out of control Federal government.

However, it would have major repercussions to existing programs, including Medicare. So a court's willingness to rule in favor on this is doubtful. And again, the court would have to decide where to draw the line somewhere.

And there is the danger that deprived of the use of matching funds, that the federal government would simply up the taxes, and fund the program entirely with Federal dollars, creating an insurmountable competition to any private or state programs.

Perhaps we could argue that healthcare represents such a large percentage of a state government's budget, that it is tantamount to a mandate. But again, if 10% of a state goverment's budget is a mandate, is 0.001% also mandate?

37 posted on 12/24/2009 5:51:52 AM PST by DannyTN
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To: LS

I am not ready to fold up my Tea Party tent and call it a day.

I would bet the republicans had to tie down the likes Olympia Snowe, Susan Collins and Kay Bailey Hutchison to keep them from voting Yes to Healthcare.

Republicans better make up their minds if they are for pricipled conservatism first, or republican party first. I won’t vote for a Democrat in republican clothing, so get it right the first time!


38 posted on 12/24/2009 5:52:43 AM PST by broken_arrow1 (I regret that I have but one life to give for my country - Nathan Hale "Patriot")
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To: pnh102
"I still hope and pray to God that things turn around..."

What makes you think that God cares about this?

39 posted on 12/24/2009 5:55:15 AM PST by verity (Obama Lies)
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To: LS
It seems to me that Constitutional issues, if they are taken up at all, get to be decided by one man: Justice Kennedy. Here is a photo of him. With 4 liberal judges who care more for international law than the Constitution and only 4 solid judges who believe that the Constitution means what it says we are left with this guy as the final decision make on all the important issues. God help us.


40 posted on 12/24/2009 5:57:10 AM PST by InterceptPoint
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