Posted on 08/19/2016 6:48:11 PM PDT by MrChips
The first thing that patriots need to do with any bill that the House or Senate votes on is to check if the states have actually delegated to the feds, expressly via the Constitution, the specific power to regulate, tax and spend for the issue addressed by the bill.
And while I agree in principle that the Zika virus should probably have the attention of Congress, and regardless what lawless Obama’s state sovereignty-ignoring activist justices want everybody to think about the constitutionality of Obamacare, it remains that the states have never delegated to the feds, expressly via the Constitution, the specific power to regulate, tax and spend for INTRAstate healthcare purposes.
"State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress. [emphases added]" - Gibbons v. Ogden, 1824.
"Congress is not empowered to tax for those purposes which are within the exclusive province of the States." - Justice John Marshall, Gibbons v. Ogden, 1824.
"From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]. ...” —United States v. Butler, 1936.
So the corrupt, post-17th Amendment ratification Senate has once again been caught addressing an issue that the feds don’t have the express constitutional authority to address imo.
Corrections, insights welcome.
Remember in November !
Patriots need to support Trump / Pence by also electing a new, state sovereignty-respecting Congress that will not only work within its constitutional Article I, Section 8-limited powers to support Trump’s vision for making America great again for everybody, but will put a stop to unconstitutonal federal taxes and likewise unconstitutional inteference in state affairs, Zika virus and Obamacare in this example, until the states should decide to appropriately amend the Constitution.
Note that such a Congress will also probably be willing to fire state sovereignty-ignoring activist justices.
“Back in the day, when they had filibusters, they actually had filibusters.
Now they just wave their hands and deem that they had a filibuster.”
As long as it looks good on paper no one really care what actually happens........
Bump
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.