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Progressives learn the hard way that the Constitution is obstructionist
The Washington Post ^ | July 23, 2014 | Charles Lane

Posted on 07/24/2014 5:54:25 PM PDT by 2ndDivisionVet

President Obama’s plan to transform the U.S. health-care market is once again in trouble. This time, two Republican-appointed judges on a federal appeals court have invalidated a key portion of the program.

In other words, the U.S. constitutional system is functioning normally.

That’s not to say that the majority of a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit correctly struck down the issuance of tax credits through the federal health insurance exchanges in 36 states — though it is true, as the judges said, that the law only speaks of “Exchanges established by the State.”

There is a strong argument that ambiguities in the statute should be resolved in favor of the Internal Revenue Service’s interpretation, given the law’s manifest purpose to expand coverage, as a Democratic-appointed dissenter on the D.C. Circuit (as well as a unanimous Richmond-based federal appeals court) concluded.

Rather, the very existence of this case, Halbig v. Burwell, illustrates basic aspects of the U.S. political system about which progressives are in deep denial: Specifically, the Constitution is designed to inhibit comprehensive national legislation like Obamacare.

Why did the Framers create a federal government of limited and enumerated powers — leaving everything else to the states and “the people”? Why did they provide for so many veto points and counter-majoritarian institutions — frequent House elections, the Senate, federal courts?(continued)

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; Politics/Elections
KEYWORDS: democrats; judiciary; obama; obamacare

1 posted on 07/24/2014 5:54:26 PM PDT by 2ndDivisionVet
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To: 2ndDivisionVet

Come on Charlie, be honest, you are leaving out the Richmond Judges, were they Dem or GOP appointees? When you leave a blank like that, I smell a ‘rat’!


2 posted on 07/24/2014 6:02:01 PM PDT by SES1066 (Quality, Speed or Economical - Any 2 of 3 except in government - 1 at best but never #3!)
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To: 2ndDivisionVet

BTW, Breitbart.com has a story up called:Jeff Sessions: Boehners Group......

SLAMS Boehner on immigration. Can you post it?
Thx, Rita


3 posted on 07/24/2014 6:02:24 PM PDT by RitaOK ( VIVA CRISTO REY / Public education is the farm team for more Marxists coming.)
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To: 2ndDivisionVet

Reagan had to deal with a Democrat Congress.


4 posted on 07/24/2014 6:02:56 PM PDT by TigerClaws
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To: RitaOK

Crumb! I meant that to go by frpmail. So sorry!


5 posted on 07/24/2014 6:03:24 PM PDT by RitaOK ( VIVA CRISTO REY / Public education is the farm team for more Marxists coming.)
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To: 2ndDivisionVet

Since the constitution is ‘obstructionist’ only to would-be dictators, it’s only a matter of time before Obama finds a way to toss it out the window.

He certainly wants to do it.


6 posted on 07/24/2014 7:13:13 PM PDT by Jack Hammer
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