Posted on 04/18/2011 4:01:59 PM PDT by OldDeckHand
“It also eliminates the burden of “free” care that hospitals must provide to “emergency” patients who lack insurance. If taxpayers may be forced to pay for such treatment, the thinking goes, those patients may be forced to get coverage (or else pay a fee for declining).”
Let us not also mention the total absence of authority in the Constitution for Congress to force healthcare providers to give out their goods and services effectively free of charge. This is a problem of the Federal Government’s own lawless creation in the 1986 COBRA law. Now they have the Gaul to try and “fix it” by usurping even more of our rights!
“Nor do the Constitution’s guarantees of personal liberty necessarily protect an individual’s right not to do something. In 1905, the Supreme Court unanimously ruled that the state of Massachusetts could fine anyone who refused to get a smallpox vaccination—a far more intrusive and intimate command than buying insurance.”
Its hard to beleive we would create a Federal Government capable of doing anything its politicians fancy particularly where it overlaps with the powers of the States. Why bother having States when the Feds will simply stomp on our autonomy? Never-mind don’t answer that you imperialist bigot. I will meet you on the battle field Liberty or Death! I plan to kill the First federal agent that try’s to rob from me my choice not to have someone else manage my healthcare costs.
Someone needs to ask Fried where in practice does the Federal government’s power end. Shall we uses this power to prohibit anyone and everyone from ever buying a liberals services due to the clear effect on interstate commerce their services cause?
I retract that last emotional outburst I don’t plan to kill anyone.
“Any SCOTUS decision on Unconstitutional Obamacare is irrelevant. SCOTUS is not the final authority on the Constitution. That power is reserved for the fourth and most powerful branch of government, we the people.”
I agree letting SCOTUS dictate the limits of its own defining Constitution is madness.
Directly akin to letting the prisoners(The Government chained by the Constitution) elect one of their own as the warden with full power to let them go.
So how do you propose to undo a decision of the Supreme Court?
Pie in the sky?”
I don't see a reason for “undoing” a passive court ruling. It is the active ones that demand non-federal agents act or not act that can and should be ignored.
I actually agree with Marshall in the original Marbury v. Madison in the respect that the court has the responsibility to enforce the Federal Constitution upon the other 2 branches.
The catch is they don't have any kind of exclusive responsibility nor final say on the matter, nor can they(as illustrated and admitted to in Marbury v. Madison force the other sides to DO anything.
All the Federal court can do is let people wrongly convicted off and order things to stop. In other-words they have the power to nully not to order. Nor is that power by any means exclusive to them, as indicated in the original Marbury v. Madison this is a power granted to them via the oath they took, the exact same oath every federal Officer and State legislator must take.
You see our constitution is not enforced by any 1 group but rather by all groups of all different interests upon each other. Only in this way can a Constitution of civil government be maintained for only in this way can you you prevent any one group from substituting that constitution for their own will rather the the consent of all of the Governed it is suppose to be.
NO IT DOESN’T, Our Constitution is very clear that “In all cases where a State is a Party... The SUPREME COURT SHALL HAVE ORIGINAL JURISDICTION”. Refusal By the Supreme Court to ACCEPT it’s Responsibility under the US Constitution is Defacto granting the State the Right to decide the issue anyway they want. Just because the SUPREME COURT REFUSES to Abide by the Constitution does not mean that A STATE has to play along. ANY STATE CAN FORCE THE ISSUE TOMORROW, if they had the guts.
Read the 11th amendment. One of the first successful applications of nullification with threat of interposition led to the 11th amendment.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.