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Retired justice says Supreme Court likely to uphold health care law
Yahoo News ^ | Wed, Sep 28, 2011 | Liz Goodwin

Posted on 09/29/2011 2:07:32 PM PDT by Red Steel

Ninety-one-year-old retired Supreme Court Justice John Paul Stevens told Bloomberg News that he thinks President Obama's health care law will pass constitutional muster.

He referenced a 2005 Supreme Court decision that held the federal government could outlaw state-sanctioned medical marijuana even if the substance didn't cross state lines, which was based on a broad interpretation of the commerce clause.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Constitution/Conservatism; Extended News
KEYWORDS: commerceclause; johnpaulstevens; obamacare
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To: Red Steel

If they can control this based on the commerce clause the entire constitution can officially be used as a## wipe because there is NOTHINg that can’t be mandated based on this interpretation.


41 posted on 09/29/2011 3:38:05 PM PDT by Kozak ("It's not an Election it's a Restraining Order" .....PJ O'Rourke)
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If the SCOTUS upholds Obamacare, and the personal mandate in particular, then the concept and practice of a government with limits on its power is over and done with.

There will be nothing outside the power of the government over the governed, who will be more accurately referred to as slaves.

Mark

42 posted on 09/29/2011 3:49:59 PM PDT by MarkL (Do I really look like a guy with a plan?)
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To: Red Steel

The rats had not brought up this pretty recent 2005 SC decision before. I wonder why? Does it have anything to do w/ the fact that it is a pretty flimsy argument at best, and they thought they had better arguments before, but now they are pathetically desperate to cling on to anything to make this unconstitutional mandate constitutional!


43 posted on 09/29/2011 3:51:46 PM PDT by parisa
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To: Red Steel

Liberals and progressives “interpreting” the Commerce Clause and the General Welfare Clause of the Constitution have done more damage to this nation than many care to admit.

Getting closer to the reset button...


44 posted on 09/29/2011 3:52:29 PM PDT by PubliusMM (RKBA; a matter of fact, not opinion. 01-20-2013: Change we can look forward to.)
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To: rockinqsranch

Article 1, Section 9 :

“No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.”

Madison:

“A very material object of this power was the relief of the States which import and export through other States, from the improper contributions levied on them by the latter. Were these at liberty to regulate the trade between State and State, it must be foreseen that ways would be found out to load the articles of import and export, during the passage through their jurisdiction, with duties which would fall on the makers of the latter and the consumers of the former. We may be assured by past experience, that such a practice would be introduced by future contrivances; and both by that and a common knowledge of human affairs, that it would nourish unceasing animosities, and not improbably terminate in serious interruptions of the public tranquility.”

What the Founders clearly meant was that States with ports that imported goods and then shipped them to land locked States could not impose massive taxes merely because some States had no access to the sea.

Simple. Commerce Clause meant free trade between States.

Today, Constitution means 180 degree opposite of what was originally written


45 posted on 09/29/2011 3:52:53 PM PDT by Para-Ord.45
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To: vortigern
Why does the SCOTUS get a 3 month vacation every year?

I'd rather all the federal courts limit themselves to working only 3 months of each year.

46 posted on 09/29/2011 5:08:24 PM PDT by Raycpa
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To: Red Steel

Old - dead - senile - whatever.

J.P. Stevens is almost certainly correct. The SC will foist Obamadeath on us and claim it’s all “constitutional.”


47 posted on 09/29/2011 5:12:08 PM PDT by workerbee (We're not scared, Maobama -- we're pissed off!)
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To: MarkL

You’re right, though it could be argued that they crossed that bridge awhile ago.


48 posted on 09/29/2011 5:14:12 PM PDT by workerbee (We're not scared, Maobama -- we're pissed off!)
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To: Red Steel

Stevens is a senile old coot, and was an idiot when young too.


49 posted on 09/29/2011 5:23:10 PM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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To: Red Steel

If the gov’t can force you to buy life insurance they can force you to do anything.


50 posted on 09/29/2011 5:29:03 PM PDT by hattend (If I wanted you dead, you'd be dead. - Cameron Connor)
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To: hattend

or even health insurace


51 posted on 09/29/2011 5:33:11 PM PDT by hattend (If I wanted you dead, you'd be dead. - Cameron Connor)
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To: mtnwmn; Shadow44
Absolutely!! All Stephens is trying to do is sway the court.

Which means someone is scared.

52 posted on 09/29/2011 6:24:06 PM PDT by thecodont
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To: Red Steel

Thanks, Gerald Rudolph Ford, Jr., what would we ever have done without you?


53 posted on 09/29/2011 7:14:51 PM PDT by Theodore R.
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To: hattend

Obama insulted the Justices at the State of the Union. The conservative Justices will throw it out. Kennedy, well who knows. However, he sides with the conservatives a lot. This is being brought by 26 states, so they will pay more attention.


54 posted on 09/29/2011 8:45:25 PM PDT by Grey Eagle
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To: Red Steel; All

How do I not give up?

Really... how do I?


55 posted on 09/29/2011 9:29:04 PM PDT by autumnraine (America how long will you be so deaf and dumb to the chariot wheels carrying you to the guillotine?)
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To: Da Bilge Troll

[I’m pretty sure John Paul Stevens has been dead for quite some time. . .]

He just smells like he’s been “dead for quite some time.”


56 posted on 09/29/2011 10:06:21 PM PDT by Brad from Tennessee (A politician can't give you anything he hasn't first stolen from you.)
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To: freeagle
The case he refers to I believe is the Raisch case.
Scalia (in a bizarre opinion) concurred in a 6-3 majority, which included Kennedy.
Thomas, SDO, and Rehnquist were in the minority.
I can confidently say that Scalia can easily distinguish the two.
I pray that Alito and Roberts go the way their predecessors did.
And Kennedy is at least smart enough to distinguish prohibiting commerce and mandating it.
We have a legitimate shot IMHO.
57 posted on 09/29/2011 10:11:48 PM PDT by Clump (the tree of liberty is withering like a stricken fig tree)
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To: Clump

Thanks. I appreciate the information.
There’s still reason to be nervous.
Kennedy could go the wrong way.


58 posted on 09/29/2011 10:45:58 PM PDT by freeagle
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To: Red Steel

If they uphold the health care law, they are screwing the USA and all it’s Citizens.


59 posted on 09/30/2011 8:07:26 AM PDT by Dustbunny ("Government does not solve problems; it subsidizes them. " Ronald Reagan)
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