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Supreme Court stuck down parts of New Deal
LSU Law Center ^ | 3/23/10 | LSU

Posted on 03/23/2010 9:05:24 PM PDT by Columbia

It can be done.

Repeal, replace, reload.


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: 111th; bhohealthcare; fdr; healthcare; newdeal; ruling; scotus; socialism; struck; supremecourt
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1 posted on 03/23/2010 9:05:25 PM PDT by Columbia
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To: Columbia

This has been my arguement on this site for over a week.


2 posted on 03/23/2010 9:06:50 PM PDT by ErnstStavroBlofeld ("I have learned to use the word "impossible" with the greatest caution."-Dr.Wernher Von Braun)
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To: Columbia

The SCOTUS is going to carve this turkey up too and may get rid of over 1/2 to 3/4 of it. Better yet they will probably scrap the whole thing and laugh at Obozo behind closed doors.


3 posted on 03/23/2010 9:08:35 PM PDT by DarthVader (Liberalism is the politics of EVIL whose time of judgment has come. Judgment Day: Nov 2, 2010)
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To: Columbia

That they did.


4 posted on 03/23/2010 9:08:58 PM PDT by Fiddlstix (Warning! This Is A Subliminal Tagline! Read it at your own risk!(Presented by TagLines R US))
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To: Columbia

Yeah as long Obama does not try to buy the Justices off too. Then we will be in good shape.


5 posted on 03/23/2010 9:09:36 PM PDT by Sprite518
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To: Sprite518

What’s he going to buy them off with? They’re lifetime appts.


6 posted on 03/23/2010 9:11:42 PM PDT by ReneeLynn (Socialism is SO yesterday. Fascism, it*s the new black. Mmm Mmm Mmm.)
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To: Fiddlstix; Columbia

The beauty of this is if SCOTUS invalidates any prat of it the whole thing goes down at least that’s what Judge Andrew Napolitano said.


7 posted on 03/23/2010 9:11:53 PM PDT by SandRat (Duty, Honor, Country! What else needs said?)
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To: Columbia

Killing parts will help but this thing needs to be gutted and defunded in Nov 2010 then sabotages, stripped, sued more and destroyed..


8 posted on 03/23/2010 9:12:56 PM PDT by Frantzie (TV - sending Americans towards Islamic serfdom - Cancel TV service NOW)
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To: ReneeLynn

He will not buy them off he will threaten them. Paging Judge Carter in CA?


9 posted on 03/23/2010 9:13:58 PM PDT by Frantzie (TV - sending Americans towards Islamic serfdom - Cancel TV service NOW)
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To: Columbia
Supreme Court strikes down New Deal legislation allowing president to regulate poultry industry under delegation doctrine - A. L. A. Schechter Poultry Corp. v. United States, 55 S. Ct. 837, 295 U.S. 495 (1935)

Ummmmm..., okaaaaayyy... :-)

Are the chickens gonna be in trouble here, with this legislation or what?

10 posted on 03/23/2010 9:14:13 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: Columbia

The Supreme Court struck down the NRA - the National Recovery Administration. The Roosevelt administration took the various programs and either parcelled them out to various agencies or enacted them in the Wagner Act.

By 1936, most of the major features of the NRA were back in place, passed through additional legislation. Even if this Act is struck down, don’t forget that the individual pieces can be enacted through separate legislation. Strike down PPPCA in 2011, see it enacted through piecemeal legislation in 2114. Unless the House can be swung 112 seats.


11 posted on 03/23/2010 9:14:50 PM PDT by worst-case scenario (Striving to reach the light)
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To: Columbia
Thanks for posting this. I especially like paragraphs 38 and 39.

======================================
38] The argument that regulation of wages and hours may be sustained because of the necessity for uniformity in all the States, finds no support in the Constitution, and the conception of federal power upon which it rests has already been rejected by this Court.
McCulloch v. Maryland,4 Wheat. 316, 405; Kansas v. Colorado, 206 U.S. 46, 81-82.

[39] In the final analysis the contention made rests upon a non-existent power in the Federal Government to enact any act deemed by it necessary or desirable to promote the general welfare.

12 posted on 03/23/2010 9:16:07 PM PDT by freespirited (I'm against a homogenized society because I want the cream to rise. --Robert Frost)
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To: worst-case scenario

The House can swing 112 votes.

I’m betting 0bama won’t be criticizing the SCOTUS again anytime soon!


13 posted on 03/23/2010 9:16:58 PM PDT by Columbia ("The Gem of the Ocean, The home of the brave and the free, the shrine of each patriotÂ’s devotion")
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To: Columbia

13th Amendment.

Congress can’t “make” you buy something!

That’s servitude!!!


14 posted on 03/23/2010 9:17:34 PM PDT by djf (Health care? Guess what! If you have to PAY TO BE FREE, you're NOT!!)
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To: Columbia

Here’s what is going to happen....the bill will stay the same except they will remove the “punishment” aspect of not buying ObamaCare insurance.


15 posted on 03/23/2010 9:17:35 PM PDT by cranked
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To: Frantzie
This thing needs to be gutted and defunded in Nov 2010 then sabotages, stripped, sued more and destroyed.

Don't stop with the legislation either.

The CPC (Congressional "Progressive" Caucus)membership must be exposed as the cadre of socialist crook sex pervert baby killing trial lawyer hugging unAmerican scumbags that they are.

Its absolutely ludicrous that these red sons of bitches are operating above ground and in our faces without fear of retribution.

16 posted on 03/23/2010 9:18:33 PM PDT by Rome2000 (OBAMA IS A COMMUNIST CRYPTO-MUSLIM)
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To: Columbia

Thank you for posting this!


17 posted on 03/23/2010 9:19:29 PM PDT by thecodont
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To: worst-case scenario

Err, make that “2014”, not “2114”.


18 posted on 03/23/2010 9:19:39 PM PDT by worst-case scenario (Striving to reach the light)
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To: Star Traveler

You’ll have to ask Rev. Wright.


19 posted on 03/23/2010 9:23:12 PM PDT by ReneeLynn (Socialism is SO yesterday. Fascism, it*s the new black. Mmm Mmm Mmm.)
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To: cranked

There are several constitutional issues that cannot be solved by removal of the mandate. Several parts of the legislation are constitutional defective. See, for example:

http://online.wsj.com/article/SB10001424052748704304504574610040924143158.html

However, there will never be cases of greater magnitude before the Supreme Court than these. When a government can order you to buy a product, it can compel you to do anything. The constitution has been stretched and strained during its existence, but this would demolish any thought of limitation or restriction on government. If this is not struck down, we will have lost the republic and any freedoms we thought we had.


20 posted on 03/23/2010 9:27:58 PM PDT by bone52
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