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Day Two: Is the Mandate Constitutional?
Townhall.com ^ | March 27, 2012 | Kate Hicks

Posted on 03/27/2012 5:50:06 AM PDT by Kaslin

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1 posted on 03/27/2012 5:50:14 AM PDT by Kaslin
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To: Kaslin

I would like them to rule that my mandate to participate in social security is unconstitutional too

I would gladly let them keep what they already have taken from me and opt out of receiving any ‘benefits’ if I could stop paying into it


2 posted on 03/27/2012 5:52:39 AM PDT by Mr. K (If Romney wins the primary, I am writing-in PALIN)
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To: Kaslin

The whole damned thing is Unconstitutional.

Plus they havent finished writing it yet. They are making up new rules as they go along.


3 posted on 03/27/2012 5:56:14 AM PDT by Venturer
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To: Kaslin

It’s not, but they got at least 3 or 4 justices in their pocket.


4 posted on 03/27/2012 5:57:04 AM PDT by GeronL (The Right to Life came before the Right to Pursue Happiness)
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To: Kaslin

Losing my freedom was not the change I hoped for.


5 posted on 03/27/2012 5:58:03 AM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: onyx; STARWISE; maggief; MinuteGal; Liz; b9

Should be the topic of the day.


6 posted on 03/27/2012 6:02:09 AM PDT by hoosiermama (Stand with God and Sarah, the Gipper and Newt will be standing next to you.)
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To: Kaslin

If the individual mandate is constitutional, there is literally nothing left of the constitution. The federal government could literally force citizens to spend a certain amount of annual income on virtually anything, like health foods or “green energy” products. Even though Justice Kagan might find those to be stupid laws, she’s virtually certain to agree they are permitted under the Commerce Clause.

Let’s not kid ourselves. Wickard v. Filburn and all of the other Commerce Clause distortions since then are blatantly unconstitutional. I think Justice Thomas is the only one to really get it. Regulating commerce between the states could not possibly mean the federal government has the right to force people to engage in commerce. That’s not regulation. That’s tyranny.


7 posted on 03/27/2012 6:07:21 AM PDT by CitizenUSA (Why celebrate evil? Evil is easy. Good is the goal worth striving for.)
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To: Kaslin

I read an article yesterday that said the justices have probably all already made up their mind how they are going to vote. These oral arguments are just for going through the process. I think its probably true. This is not rocket science. I’m looking for at least the individual mandate to be thrown out 5-4. They will probably leave the rest of it for congress to dismantle as they see fit.


8 posted on 03/27/2012 6:08:28 AM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: Kaslin
Congress has never tried to claim this power before, the power to force individuals into business contracts.

Actually, Wickard did just that. By denying the right to produce food for private consumption, which is MORE essential than health care, Congress forced each and every individual to enter into a contract obtain food.

9 posted on 03/27/2012 6:11:09 AM PDT by An.American.Expatriate (Here's my strategy on the War against Terrorism: We win, they lose. - with apologies to R.R.)
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To: Venturer

And they can change the amount of the penalty every year.


10 posted on 03/27/2012 6:11:37 AM PDT by Sacajaweau
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To: Kaslin
What’s At Stake?

Whether we end up in living in a Communist thug state where the self appointed overseer class decides whether we get to see a doctor or not.

11 posted on 03/27/2012 6:11:59 AM PDT by Regulator (Do the math)
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To: Kaslin

Life, liberty, and the pursuit of mandatory healthcare. Doesn’t sound quite right.


12 posted on 03/27/2012 6:12:01 AM PDT by Huskrrrr
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To: Kaslin

13 posted on 03/27/2012 6:14:07 AM PDT by Mrs. Don-o ("Justice and judgment are the foundation of His throne.")
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To: Kaslin
Besides, they argue, healthcare is a necessity, which everyone will need, and thus ought to have.

This is why we lose arguments with liberals.

Healthcare has always been provided to Americans, regardless of ability to pay. Healthcare may indeed be codified in law as a right, but the right to health insurance has never been a right, let alone an obligation by virtue of citizenship.

14 posted on 03/27/2012 6:14:56 AM PDT by wayoverontheright
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To: Regulator
Whether we end up in living in a Communist thug state ...

We are already there ...

15 posted on 03/27/2012 6:15:19 AM PDT by An.American.Expatriate (Here's my strategy on the War against Terrorism: We win, they lose. - with apologies to R.R.)
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To: Kaslin
The Court’s job, then, is to rule on whether abstention from the market constitutes “regulatable” behavior.

Be afraid. Be very afraid.

In Raich, SCOTUS ruled that activity which allegedly could reduce activity in illegal interstate commerce could be regulated to the point of - and here I $#!^ you not - an armed raid on a little old terminally ill lady's potted plants.

Given precedent cases, our only hope on this point is that the court decides that siding with the government would indeed give the feds unlimited powers - the complete opposite of what the Constitution embodies.

16 posted on 03/27/2012 6:19:35 AM PDT by ctdonath2 ($1 meals: http://abuckaplate.blogspot.com/)
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To: Kaslin

—Ultimately, the Justices will have to weigh compelling national interest against the potential for abuse of power.—

Interesting. I thought they were supposed to determine constitutionality.


17 posted on 03/27/2012 6:21:08 AM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: Kaslin

If this is upheld, what is to stop the government from mandating that every family buy a Chevy Volt or equivalent. Or Maybe they mandate that each new house has to have a solar electric system.


18 posted on 03/27/2012 6:22:06 AM PDT by albionin
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To: Kaslin

Ah, the commerce clause otherwise known as the “Good N Plenty” clause for politicians to do what they think is Good for us while using Plenty of our dollars to do it.

Politicians and USSC judges have used this clause to dismantle the entire concept of limited government upon which, in part, this country was founded.

Thanks to dishonest lawyers (redundant), and activist judges, our government, which was to have derived its very limited powers from us, has become our oppressive master.

No honest reading of our founding documents could leave any doubt that the federal government was to be extremely limited in scope and thanks to communists within has incrementally increased its interference in our lives, usurped power reserved for the states and citizens, and taken on a powerful life of its own.

In a small showing of their arrogance, WE THE PEOPLE are not allowed to see the proceedings but only hear them after a 2 hour delay, which some here defend because it was standard practice. Well to those spineless individuals I say STANDARD for whom, an out of control government which only wants us to hear the edited version?

These ruling elite absolutely depend on us not getting together to fight them in the public arena of debate, the ballot box and if needed using what is left of our 2nd Amendment rights to take this country back to its very successful roots. As long as they can keep us fragmented they win and we lose.

What is the difference between when the founders got together to throw off the bonds of an oppressive king and now other than we have more lawyers and fewer people of character and backbone.


19 posted on 03/27/2012 6:25:17 AM PDT by Wurlitzer (Welcome to the new USSA (United Socialist States of Amerika))
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To: Kaslin

Before anyone raises this point, let me knock it down:

Yes, during the Clinton attempt at implementing universal health insurance coverage, the Republicans - led by Newt even - put forth the “mandated purchase” plan. This was done not out of a sense of this being the correct way, but as a rhetorical device: “ok, say we give you everything you’re asking for - will that be enough? oh, I see, it isn’t, ergo your demands are in bad faith with ulterior motives.” Sometimes you offer what is demanded as a way to prove that’s not what the demand is really about. It was not one of the better Republican moves, but it was effective in that context.


20 posted on 03/27/2012 6:30:21 AM PDT by ctdonath2 ($1 meals: http://abuckaplate.blogspot.com/)
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