Posted on 03/17/2017 12:40:27 PM PDT by Jim Robinson
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
I don't see power over health care or insurance or anything like that being delegated to the federal government anywhere in the constitution, so it is reserved to the states and the people per the tenth amendment. The federal government cannot dictate who or what must be covered or at what price or any other terms or requirements for private health care insurance or coverage.
And, Robert's ruling notwithstanding, it is not a tax and no part of it is a tax.
Please tell me if I'm being overly naive and or where I'm wrong.
No, but they always fall back on the Commerce Clause as their reason for everything......
The only way to argue that it’s constitutional is to pretend it’s a tax. Even the Obama Administration admitted it wasn’t a tax, no matter what Roberts twisted the words to claim. The whole thing needs to be tossed out as unconstitutional, or tossed out as a harmful law, or just tossed out with an entire government that no longer listens to the people (except for the NSA, which is always listening!).
I agree, but it’s water under the bridge. There are a ton of things the federal government does that aren’t delegated powers.
“A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States. An individual mandate would have two features that, in combination, would make it unique. First, it would impose a duty on individuals as members of society. Second, it would require people to purchase a specific service that would be heavily regulated by the federal government.”
—Heritage Foundation
Everything is whatever they say it is. The law is now subject to interpretation. Doesn’t make you wrong. Its more like heads i win tails you lose.
There are a ton of things the federal government does that aren’t delegated powers.
No, you are correct.
The most insidious part of Obamacare is the power gathered to Fedzilla by all the agencies created to facilitate it.
And the control of all medical records.
Repeal means taking power away from Fedzilla, something the Uniparty eunuchs will never do.
It’s not water under the bridge. They haven’t voted on it yet.
We let this start when we allowed for mandatory liability insurance on vehicles.
While a good idea on its face.. not so great in overall application.
Nor in setting precedent.
Which is why one good conservative Supreme Court pick could Repeal FederalCare.
You’re mostly right. The federal government probably has a constitutional role in regulating interstate commerce. This would be a relatively important function if people are allowed to purchase insurance across state lines.
Not at all off base! It’s completely unconstitutional for fedgov to provide health care, order persons to contract with an insurance company, control insurance company products and pricing... on and on and on!
Article V
Isn’t that mandate at the state level?
Roberts was wrong. The whole thing is unconstitutional.
You are correct and it should re-visited by a Constitutionally minded Supreme Court. We don’t really have that now.
The Constitution is a “living document” remember?
It can mean whatever the hell leftist/fascist, social-engineering politicians with nice-sounding slogans says it means
/s
If we keep electing presidents and congressmen who support originalist Supreme Court nominees, that water will flow in the opposite direction.
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