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Why the Health Care Bill Could Be Repealed
Real Clear Politics ^ | March 30, 2010 | Sean Trende

Posted on 03/30/2010 9:54:28 AM PDT by BradtotheBone

The punditocracy has recently been consumed with a debate over whether or not the Republicans will be able to repeal the recently-passed health care bill. Outside of self-professed conservative pundits, the conventional wisdom seems to be that the odds are prohibitively against repeal (or significant modification).

This Politico article typifies the attitude of those who doubt that repeal can be effectuated. It argues that the current outrage over the health care bill is merely a part of a "familiar pattern since New Deal days: Government programs from Social Security to Medicare that were launched amid incendiary arguments within a short time became sacrosanct - protected by a bipartisan consensus that was nowhere to be found at passage."

This is certainly one possible outcome for the President's health care bill, but it isn't the only one. Here is why repeal is a real possibility.

1. This bill is substantively different than Social Security and Medicare.

My colleague Jay Cost made a critical point a few days ago:

Franklin Roosevelt and Lyndon Johnson made use of an ingenious social insurance system - promoting the idea that we all pay in today to take out tomorrow. It was consistent with American individualism. It was simple. It was intuitive. It was bipartisan. Obama's new system has none of those virtues. This feature is what makes repealing or substantially modifying Social Security and/or Medicare so difficult. They are entitlements that are broadly given to the middle class, who also pays for them. To the extent these programs are redistributive, that redistribution is largely hidden. Everyone, from the poorest member of society to Bill Gates, has some stake in Social Security and Medicare.

(Excerpt) Read more at ...

TOPICS: Culture/Society; Editorial; Extended News; Government
KEYWORDS: healthcare; obamacare; socialisthealthcare

1 posted on 03/30/2010 9:54:28 AM PDT by BradtotheBone
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To: BradtotheBone

There’s no way it will be repealed short of the SC doing it. I’ll be surprised if even that happens. It’s a done deal.

2 posted on 03/30/2010 9:59:29 AM PDT by saganite (What happens to taglines? Is there a termination date?)
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To: saganite

Maybe, maybe not.

3 posted on 03/30/2010 10:13:46 AM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: BradtotheBone
According to Jennifer Granholm (I know, don't laugh), even Scalia would not take the narrow view that the Commerce Clause does not support this healthcare mandate. Obviously, Granholm is a raging lib, and a very dour one, at that (how did she get elected?), so take it with a grain of salt.
4 posted on 03/30/2010 10:35:09 AM PDT by Major Matt Mason (
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To: saganite

The SC had better recognize that, if this hellcare bill is not repealed, the US, in time, will become just another Europe which has no need of a SC.

5 posted on 03/30/2010 10:48:14 AM PDT by 353FMG (What else can Islam possibly contribute to the West other than its destruction?)
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To: 353FMG

Considering our Senators quote Scottish law and some on the court look to International courts for insights on law in the US instead of the Constitution I wouldn’t be surprised if they uphold it. There will always be a SC, not just the one we know.

6 posted on 03/30/2010 11:01:02 AM PDT by saganite (What happens to taglines? Is there a termination date?)
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To: Major Matt Mason

I am asuming you know Granholm doesn’t speak for Scalia.

It is a narrow view, a lawful view is a narrow view.

7 posted on 03/30/2010 11:01:43 AM PDT by HonestConservative (When Injustice becomes law, resistence becomes duty. Thomas Jefferson)
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To: Major Matt Mason

Her argument made no sense to me. She cited cases in which private citizens were engaged in some activity (growing dope or wheat). The issue here is private citizens engaged in no activity. She thinks Scalia will say the feds have a right to COMPEL them to enter into commercial activity (i.e. buy something from a private insurer.)

I thought she sounded like an airhead. Of course, she’s a former AG and I’m just a science nerd.

8 posted on 03/30/2010 11:08:52 AM PDT by freespirited (I'm against a homogenized society because I want the cream to rise. --Robert Frost)
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To: BradtotheBone

Defund, repeal, and replace.

9 posted on 03/30/2010 11:36:14 AM PDT by cranked
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To: saganite; BradtotheBone
The Constitution is the limiting document upon the feds; the federal government cannot become greater than the granting power. That is, the federal servant cannot become greater than its master........the states.

.......according to judicial analyst, and judge, Andrew P. Napolitano healthcare reforms amount to "commandeering" the state legislatures for federal purposes, which the Supreme Court has forbidden as unconstitutional. "The Constitution does not authorize the Congress to regulate state governments. Nevertheless, the Congress has told the state governments that they must modify their regulation of certain areas of healthcare, they must surrender their regulation of other areas of healthcare, and they must spend state taxpayer-generated dollars in a way that the Congress wants it done.(Excerpt) Read more at


Wall Street Journal | Jan. 2, 2010 | Orin Hatch et al
FR Posted by Military family member

The policy issues may be coming to an end, but the legal issues are certain to continue because key provisions of this dangerous legislation are unconstitutional. Legally speaking, this legislation creates a target-rich environment. We will focus on three of its more glaring constitutional defects. (Excerpt) Read more at ...


States Can Check Washington's Power; by directly proposing constitutional amendments
FR Posted 12/2/09 by rhema

For nearly a hundred years, federal power has expanded at the expense of the states—to a point where the even the wages and hours of state employees are subject to federal control. Basic health and safety regulations that were long exercised by states under their "police power" are now dominated by Washington.

The courts have similarly distorted the Constitution by inventing new constitutional rights and failing to limit governmental power as provided for in the document. The aggrandizement of judicial power has been a particularly vexing challenge, since it is inherently incapable of correction through the normal political channels.

There is a way to deter further constitutional mischief from Congress and the federal courts, and restore some semblance of the proper federal-state balance. That is to give to states—and through them the people—a greater role in the constitutional amendment process.

The idea is simple, and is already being mooted in conservative legal circles. Today, only Congress can propose constitutional amendments—and Congress of course has little interest in proposing limits on its own power. Since the mid-19th century, no amendment has actually limited federal authority.

But what if a number of states, acting together, also could propose amendments? That has the potential to reinvigorate the states as a check on federal power. It could also return states to a more central policy-making role.

The Framers would have approved the idea of giving states a more direct role in the amendment process. They fully expected that the possibility of amendments originating with the states would deter federal aggrandizement, and provided in Article V that Congress must call a convention to consider amendments anytime two-thirds of the states demand it.(Excerpt) Read more at ...

Related Stories:

Randy Barnett: The Case for a Federalism Amendment

Clarence Thomas: How to Read the Constitution

10 posted on 03/30/2010 2:05:15 PM PDT by Liz (A person who smiles in the face of adversity probably has a scapegoat nearby.)
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To: saganite

Ron Paul wrote that the Republicans will not repeal Obamacare — US bankruptcy will.

11 posted on 03/30/2010 2:43:02 PM PDT by Mack the knife
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To: Mack the knife

He’s correct. The only question is how long it will take.

12 posted on 03/30/2010 2:49:48 PM PDT by saganite (What happens to taglines? Is there a termination date?)
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To: freespirited
Science imposes clear thinking to reach the Truth.

Truth to the Left is that which advances their goals. Factuality is irrelevant.

13 posted on 03/30/2010 4:09:43 PM PDT by Jacquerie (Support and defend our beloved Constitution.)
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To: BradtotheBone


14 posted on 03/30/2010 5:23:22 PM PDT by neverdem (Xin loi minh oi)
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To: neverdem; BradtotheBone


AAPS becomes first physician group to file suit to overturn new healthcare reform law:
about 9 hours ago via TweetDeck

15 posted on 03/30/2010 11:08:10 PM PDT by LucyT
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