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Posted on 04/12/2010 8:01:47 AM PDT by bs9021
Back to the Constitution Melissa Barnhart, April 12, 2010
The GOPs weekly conference call on Thursday included a discussion with Attorney General Ken Cuccinelli (R-Va.), who is one of more than a dozen state attorneys general who have filed lawsuits challenging the constitutionality of the health care bill President Obama signed into law on March 23.
Cuccinelli filed on behalf of the state of Virginia in the case of Commonwealth v. Kathleen Sebelius in U.S. District Court for the Eastern District of Virginia, and represents the only state that has passed a law to protect its residents from any obligation to buy federally mandated health care insurance. The legislation, Virginia Health Care Freedom Act introduced by Delegate Robert Marshall, passed with bipartisan support and was signed by Governor Bob McDonnell on March 24. For this reason, Cuccinelli has not joined the lawsuit filed by a dozen and counting AGs, making Virginias a sole brief.
The national mandate, United States National Health Care Act, conflicts with the Virginia Health Care Freedom Act, and under the Supremacy Clause, Cuccinelli will have to prove that the federal legislation is unconstitutional in order for the state law to stand. He and his team hope to prove this by using the Commerce Clause, which gives the federal government the power to regulate interstate commerce.
Cuccinelli said the federal government is trying to compel people to involuntarily enter the stream of commerce (much like ordering citizens to buy a Chevy every year), and believes the government doesnt have the power to compel someone to do something that is against their will....
(Excerpt) Read more at academia.org ...
She is trying to prove in court that the Obama regime doesn't have the authority to compel us to obey. If she fails in the legal realm, things could get ugly, and then we'd find out whether the thugs in our White House have the power to compel obedience.
Give it time. They'll get around to that when they figure that Government Motors is "too big to fail, and mandating purchase of a GM "peoples car" will be seen as a way to save the UAW's pension plan.
Your comment is hilarious!
Constitutionally, power is the right word. Governments have powers. People have powers and rights. Governments do not have rights. States Rights is a misnomer, it should be reserved Powers of the States. (See amendments 9 and 10).
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