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1 posted on 08/22/2011 10:04:46 AM PDT by Kaslin
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To: Kaslin
the attempt to uphold the ObamaCare mandate as a “tax” under the Tax and Spending Clause of the Constitution — the verdict is pretty clear: the Eleventh Circuit became the seventh straight court in which the government failed to convince a single judge.

Oh I don't know, it worked great in the National Firearms Act. They called that a tax measure, and got away with it. And that one is a clear violation of a provision of the Bill of Rights, since taxing a right clearly is infringing on it. (When the tax is only upon exercise of that right, not part of a more general tax. For example, from an actual court case, a sales tax on all sales, not just of newsprint.)

2 posted on 08/22/2011 10:40:21 AM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: Kaslin

We cannot depend on courts. Besides there is a good chance Obama-Romney would implement it anyway if its struck down.


3 posted on 08/22/2011 11:25:49 AM PDT by GeronL (The Right to Life came before the Right to Happiness)
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To: Kaslin

Okay, so the socialized medicine thingy is, maybe, or might be somewhat unconstitutional. Well grow up! This is not brain science! Whatcha gotta do is to
remember that the The U. S. Constitution is a LIVING document! All it takes to change it is to get a left-leaning-liberal to replace one of THE NINE SUPREMES. (REALLY easy to do these days).

However, whatcha need to do is find a Federal law that is rarely used and whup it on ‘em! Yes indeedy, I am talking about the Federal Anti-Trust Laws!!!!!

One of the many tests of the Sherman Anti-Trust Law pertains to fair competition. Another test pertains (I love these $3 words) to competitive pricing. Another to trade across State lines, etc.

Just sayin’ -— any lawyers on FR needin’ to make a name for themselves?


4 posted on 08/22/2011 4:59:43 PM PDT by Graewoulf
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