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To: Huck
The Supremacy Clause says the Constitution is the law of the land, not that laws passed by Congress are the laws of the land. It means an amendment to the Constitution would have supremacy over any state law.

This is why almost every piece of legislate introduced into Congress opens with language stating is is implemented under the Interstate Commerce Clause, not the Supremacy Clause.

The ultimate Constitutionality is not does Congress have the authority to do something, but does that something constitute interstate commerce. Unfortunately, the SCOTUS has a history of deferring towards Congress.

The real Constitutionality test for ObamaCare will be if Congress has the right to demand an individual purchase something or otherwise have a tax levied.

There will likely be multiple 14th Amendment Equal Protection Clause challenges to ObamaCare.

113 posted on 12/23/2009 5:51:23 AM PST by magellan
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To: magellan
The real Constitutionality test for ObamaCare will be if Congress has the right to demand an individual purchase something or otherwise have a tax levied.

It seems to me that Social Security and Medicare both fit this description...ergo...

131 posted on 12/23/2009 8:06:46 AM PST by Huck (The Constitution is an outrageous insult to the men who fought the Revolution." -Patrick Henry)
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