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To: rabscuttle385; Ken H; dcwusmc
The individual mandate is, in fact, constitutional under the twisted logic of the post-New Deal Supreme Court. Starting with Wickard v. Filburn in 1942, the Supreme Court opened the door to federal government regulation of almost every area of your life. They have perverted the Commerce Clause beyond recognition. With only two notable exceptions (both within the past 20 years), they have upheld every piece of federal legislation on which Congress and various administrations asserted Commerce Clause authority. The most recent betrayal of constitutional principles was in 2005, when Justice Kennedy and the four liberal justices asserted in their majority opinion that Congress had a right to ban marijuana even when states (like California) approve its use for medical purposes. These 5 idiots were joined by Justice Scalia who concurred in their opinion, writing in his opinion that Congress has the authority to regulate non-economic activities that take place entirely within the geographic confines of ONE state. He based Congress's authority on the Necessary and Proper clause of the Constitution, which states that Congress has the right to make laws which are necessary and property to carry out their duties. Such logic would not be possible without the Supreme Court having deliberately misinterpreted Congress's authority to enact legislation under the Commerce Clause starting 65 years ago.

For some strange reason, I think that when ObamaCare hits the Supreme Court, it will be an 8-1 decision in favor of upholding the individual mandate, with Justice Thomas the lone dissenter and the sole voice of liberty. Justices Kennedy, Alito and Roberts can be counted upon to side with the 4 liberals on the court (who have never found a piece of Commerce Clause legislation that they disagree with). Those seven justices will join together in one opinion. Justice Scalia will concur in the judgment and, writing separately, will state that Congress has the authority to compel you to purchase private insurance because uninsured people have an effect on the interstate market for health insurance, even if private health insurance is, in fact, mostly an intrastate market.

Commerce Clause - Born 1788, killed by the Supreme Court in 1942 (Wickard v. Filburn). Resurrected briefly in 1995 (United States v. Lopez) and 2000 (United States v. Morrison), only to be killed off again in 2005 (Gonzales v. Raich). One defender of the Commerce Clause on the court -- Justice Thomas. Justice Scalia was a defender of it in Lopez and Morrison, but because of his hatred of marijuana, he twisted the intent of the Necessary and Proper Clause and aided the liberals in their running roughshod over the Constitution.

8 posted on 08/21/2011 5:15:01 PM PDT by 10thAmendmentGuy
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To: 10thAmendmentGuy

Such was always the intent of the War On (some) Drugs.


10 posted on 08/21/2011 5:24:01 PM PDT by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: 10thAmendmentGuy

Nice analysis. Thanks for the post.


16 posted on 08/22/2011 7:29:13 AM PDT by Hemingway's Ghost (Spirit of '75)
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