Skip to comments.How will this work? Court challenges to Obamacare (V)
Posted on 03/18/2010 5:33:01 PM PDT by Tuxedo
So, assuming the Senate Bill gets passed under the following scenarios - what is the likelihood of intervention?
Yeas/Nays - bill passes. I would suppose the first challenge would be the Constitutionality of requiring Citizens to purchase a service violates the Commerce Clause (see Seminole Tribe v. Florida) as the Federal Government cannot supercede sovereignty of the States. Further, there can be challenges filed by various State Attorneys General on the basis of the Tenth Amendment. Given this, I would presume that a Federal Judge (preferably a Strict-Constructionalist) can stay the Law. This would then get appealed and certainly make its way to the USSC. Can that be delayed until November?
Should the Slaughterhouse Rule be used to deem the bill passed, we already know The Landmark Legal Foundation will file suit that the law violates Article 1, Section 7 of the US Constitution. I presume a stay would be granted and the matter making its way to the USSC.
Given knowledge of precedence and case law, what do you think would be the outcome?
Should the matter not be settled favorably, a takeover of the House (Senate won't matter as much) can result in Republicans denying funding for Obamacare and adding its repeal into every bill passed. I realize that part of the Bill says it cannot be repealed, but to me that is just semantics.
agree totally. I wonder if there is anything the State governments can do. They willfully violated their oaths. Can they be arrested as soon as they return to their states? Or do they maintain Congressional Immunity...
The SC judges are right now trying to figure out how to dodge the confrontation and allow Ozero his tyranny.
Perhaps the “cannot be repealed” part has to be repealed first?
They can do what they always do i.e. rule “narrowly” and strike down a sub clause while leaving the substance and the socialism intact.
Any State Court ruling can get kicked up to the USSC. See Bush v. Gore. That’s where this battle gets won or lost.
I think you hit the nail on the head. They might take out the internment camps and leave the rest. LOL
Simply not funding any salaries of the makeup of the death panel essentially moots the point about is being repealable. However - I looked through the Constitution and didn’t see much that would suggest a law can be written that cannot be repealed. Or vice-versa. So we’d have to look into precedents.
No elected federal official will ever be charged with treason. Senators and Congressmen all would fear that it could be one day used against them if they let it happen for any reason. A president is not going to allow his Justice Department to so charge anyone who is on the president’s side.
I don't know if states have recourse to arrest criminal congressman.
Some states have a recall process, but given that many are up for election in Nov, it would be faster and easier to remove those through the ballot box. As for those who aren't up for reelection...those states need to pursue recall.
If the “deem”-ing process is ruled unconstitutional, then the whole law is overturned. That could take quite awhile to happen and we’d be well into election season. But I agree that if it passes on Yeas/Nays then it is more likely to stand - and then we’d see states file 10th Amendment claims. The fabric of the nation will be tested for sure.
Well, the problem is, if there isn't a workable civil solution congress and the senate is then leaving the only remaining solution a civil war. I most certainly hope they will allow for justice short of something so extreme.
I'm with you. Of course, being on Atilla's right flank, I think hanging is too good for them, but seriously.......
either expand Ft Leavenworth to accomodate them for a 30 year sentence OR lifetime exile after forfeiting all assets to the state they were supposed to be representing at the time of their treason.
“The SC judges are right now trying to figure out how to dodge the confrontation and allow Ozero his tyranny.”
I don’t know, I think Obama picked on the wrong group of people in his State of the Union campaign speech.
The more states that jump on the nullification band wagon the more power it puts in the states hands. We have three as of now..or nearly three. If another four or five get on board it will be very hard for the SCOTUS to ignor.
GET YOUR STATE TO VOTE FOR NULLIFICATION.
Ok, then what happens? The feds will try to force those states back in line.
Question. Of you who are vets on here. Do you think that those in the military would fire upon citizens of the US?
I'd agree to exile...preferably to the liberal's nation of choice between Cuba, Venezuela, North Korea or Iran.
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