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McCollum to file lawsuit against health care bill
Abcactionnews ^ | 3/21/10 | Chad Cookler

Posted on 03/21/2010 9:30:36 PM PDT by NoobRep

ORLANDO, FL -- Moments after Congress voted to approve President Obama's health care legislation, Florida's Attorney General announced he will file a lawsuit to declare the bill unconstitutional.

Bill McCollum will join Attorneys General from South Carolina, Nebraska, Texas, Utah, Pennsylvania, Washington, North Dakota and South Dakota to file a lawsuit against the federal government.

"The health care reform legislation passed by the U. S. House of Representatives this evening clearly violates the U.S. Constitution and infringes on each state's sovereignty," McCollum said in a statement distributed late Sunday night.

"If the President signs this bill into law, we will file a lawsuit to protect the rights and the interests of American citizens."

McCollum will hold a press conference at his Orlando office Monday morning to discuss his plans.


TOPICS: Breaking News; Constitution/Conservatism; Extended News; Government; News/Current Events; Politics/Elections; US: Florida
KEYWORDS: 10thamendment; aglawsuits; america2point0; asocialistamerica; bhohealthcare; constitution; lawsuit; mandatedinsurance; mccollum; obamacare; obamunism; socializedmedicine; statesrights; unconstitutional; ussa
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To: pyx

They have official immunity anyway.


101 posted on 03/21/2010 11:06:13 PM PDT by americanophile (DeMint/Ryan '10)
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To: Steely Tom

I don’t know about the soccer moms. I know a lot of people who are upset, but I tread carefully among the fellow moms around here. Many of them are big libs, or at least they were in November ‘08. We’re in Montco.


102 posted on 03/21/2010 11:06:21 PM PDT by Think free or die
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To: my small voice
You can't sue them personally for the exercise of their official duties...official immunity.
103 posted on 03/21/2010 11:07:41 PM PDT by americanophile (DeMint/Ryan '10)
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To: LibertyRocks

No, you can’t.


104 posted on 03/21/2010 11:09:20 PM PDT by americanophile (DeMint/Ryan '10)
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To: Special Agent Anthony DiNozzo; RoseofTexas

Liberals are racists. They think they are rich because they got this money from “white” people. Truth is they stole it from honest people, dishonoring parents, stealing from grandparents, conveniencing their lives out of killing their own babies and that of others etc...

Anybody they touch or revere makes these revered automaticaly dishonoring their own loved ones. They are a plague and they will be hated and their honors will not even be used for toilet paper.

Watch this, just watch this. They are a world embarassment of a prostitute of Babylone, the whole lot communist antigod lot of them accross the world. Soddomites indulging in romaticized science, the whole lot of them. May they rot and the worms eat them.


105 posted on 03/21/2010 11:09:50 PM PDT by JudgemAll (control freaks, their world & their problem with my gun and my protecting my private party)
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To: NoobRep

people who don’t like a law always yell ‘unconstitutional’.

big deal


106 posted on 03/21/2010 11:13:53 PM PDT by element92
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To: LibertyRocks

You technically can sue them via not obeying their orders. Then their suit against you is a suit against them. The example of war criminal is a prime one. AND THEY ARE WAR CRIMINAL BECAUSE SOCIALISM IS INHERENTLY A WAR CRIME.

They never want to fight, but either plead “victimhood” and complain of “hate”, or they gain the power to stomp you without you having the ability to fight back. That my friend is the very cowardly Hitlerism against the Jews.

They will now be in full vicious circle death camp mode because they know they are going to be sued. There is no end to this spiral until it all gets revealed and collapses.

This is not a civil matter anymore. Ironic and very Jungian projecting that they turn every single civil peace of legislation into government lead criminal prosecution via thugery and bullying...


107 posted on 03/21/2010 11:16:40 PM PDT by JudgemAll (control freaks, their world & their problem with my gun and my protecting my private party)
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To: element92

what is your point lefty ?
Take your Du talking points elsewhere.


108 posted on 03/21/2010 11:21:16 PM PDT by ncalburt (e)
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To: Think free or die
Many of them are big libs, or at least they were in November ‘08. We’re in Montco.

Well, that's what I'm talking about. ;)

Montco... I lived in Hatfield, worked in Horsham and Warrington. Had a friend from Telford, and another in Souderton, but he moved to Q-town.

109 posted on 03/21/2010 11:22:15 PM PDT by Steely Tom (Obama goes on long after the thrill of Obama is gone)
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To: ncalburt

Indeed, never trust them. You cannot trust a self indulging sinner who is in so deep they could be hanged for treason or war crime. The minute legislation or application of the law against such corruption is enacted, they are D O N E.

They will never let that happen. When it was easy they were cowards, don’t expect them when the reality is coming hard on them that they will do the brave thing.

It cannot happen. Save a major thyroid and testicular operation on them and years of spiritual treatment, people like this cannot change and cannot be trusted. It certainly cannot be done by “chance” like this, but a major war or even must occure internaly and externaly for these fools to even start wanting to see differently. Because even wanting to see properly is not enough to purify or to intimate purification from them: as the congress man said, tie our hands, put us in jail, save us from ourselves before it is too late.


110 posted on 03/21/2010 11:22:46 PM PDT by JudgemAll (control freaks, their world & their problem with my gun and my protecting my private party)
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To: April Lexington

A freer nation with less taxes? In our galaxy? Praytell - where is this magical place?


111 posted on 03/21/2010 11:44:00 PM PDT by LibertyRocks (http://libertyrocks.wordpress.com ~ Anti-Obama Gear: http://cafepress.com/NO_ObamaBiden08)
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To: Frantzie

I believe he was on Greta last night. I was impressed.


112 posted on 03/21/2010 11:45:18 PM PDT by abigailsmybaby ( I'm not going to buy my kids an encyclopedia. Let them walk to school like I did. Yogi Berra)
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To: JudgemAll
May they rot and the worms eat them.
 
Well eventually they will rot and the worms will eat them, but in the meantime, the question is whether we will be content to live [and die] as their serfs.
113 posted on 03/21/2010 11:49:09 PM PDT by Special Agent Anthony DiNozzo (SCORE!!! And in Paris, no less. MOO HA HA HA HA HA HA!!!!!)
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To: DanielRedfoot

He sure wants that Governor position. Last week he joined the lawsuit over the endangerment finding.

LOL.

Where’s was Charlie when this happened? Hmmmmm...


114 posted on 03/21/2010 11:50:12 PM PDT by I got the rope
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To: sionnsar

It says WA is in on this!!!!!!!!!!!!

We need a WA ping.


115 posted on 03/21/2010 11:58:20 PM PDT by lkco
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To: Frantzie

It won’t happen here in Ohio unless John Kasich is elected governor in November. Our state is run by the marxists as of now.


116 posted on 03/22/2010 12:00:25 AM PDT by Catsrus (Have)
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To: matthew fuller
Thelma louise pelosi is not a man.

Well with all that Botox, she's hardly a real woman either.

Personally, I think some of them are Pod People.

117 posted on 03/22/2010 12:10:15 AM PDT by happygrl (Continuing to predict that 0bama will resign)
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To: Retired Greyhound
I will be personally suing the Federal Govt.

It's too bad all those congress Critters are indemnified.

I like to get a pound of flesh from them personally.

118 posted on 03/22/2010 12:12:41 AM PDT by happygrl (Continuing to predict that 0bama will resign)
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To: April Lexington

Where are you going?


119 posted on 03/22/2010 12:14:03 AM PDT by happygrl (Continuing to predict that 0bama will resign)
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To: The Citizen Soldier

OK, I just want to know - who are we supposed to aim at?


120 posted on 03/22/2010 12:15:32 AM PDT by happygrl (Continuing to predict that 0bama will resign)
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To: Frantzie

It will get there fast, like the Al Gore vs Bush case. This is a higher profile case than McCain-Feingold. Only political junkies followed McCain-Feingold, but everyone is following Obamacare.


121 posted on 03/22/2010 12:37:58 AM PDT by Sarah-bot (The bloom is off the fart blossum)
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To: element92

It just happens that this law is unconstitutional.


122 posted on 03/22/2010 12:39:35 AM PDT by Sarah-bot (The bloom is off the fart blossum)
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To: LibertyRocks

You are going to claim that this is the freest nation on earth long after it is not. With the passage of Obamacare the freest nation claim is already becoming dubious.


123 posted on 03/22/2010 12:43:15 AM PDT by Sarah-bot (The bloom is off the fart blossum)
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To: jerry557
"Nothing is going to happen. The courts will simply dismiss it saying federal law trumps state law. The fight is over."

Here's a small amount of comfort: The USSC can say anything they want, but they have no power of enforcement. Yes, Obambi has such, but the if the States/People simply choose not acknowledge such bad USSC decisions and choose to follow the original intent of the Founding Fathers, we COULD prvail. It will take fortitude and possibly civil disobedience, which I've been promoting for some time.

Come and get me SS.

124 posted on 03/22/2010 12:47:13 AM PDT by A Navy Vet (An Oath is Forever)
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To: Lexinom
"...unless we are cowards unworthy of freedom."

That is my biggest fear. Other than our brave Military and Vets, many of this country have become metro cowardly whiny effeminate wimps. There was a time when real MEN would have marched on DC with weapons on their side to protect our Constitutional heritage.

I applaud the many stalwart patriots in their TEA Party demonstrations, but it has been to NO avail. Did I not tell you?

Worse, the rest of the Country has sat on their ass while watching the latest reality show. Hate to say it, but I can hardly wait for them to get their just due. I long for the day when those "hope and changey" idiots are taxed into oblivion and have to deal with some new regulation that impacts there little soccor practice. But then, I will probably have to pay more taxes for their stupid decisions.

Yes, I'm pissed. Got problem?

It's the end of the American dream I grew up in. I HATE the Joe-six-pack-soccor-moms of this Country. Yes, I said the HATE word, come get me LEO's.

My Country died today because of their selfish little worlds. You who voted for these marxists are beyond my contempt!

You "gimmes" want more stuff? Good luck, because our economy is going to tank and you will have even less. And while I'm sorry for those who didn't support obambi and his socialist agenda I'm sorry for your troubles

Those who did vote for the usurper: eat crap, lose your home, and hope you have to sleep on a street. I did and it's not fun, but then I didn't deserve it as you most certainly do.

Suck soup in a line. Gawd knows I won't be serving you. Hope your children don't suffer, but hope YOU do for voting in these Marxists! See you next Christmas in the line, you frigging idiots!

125 posted on 03/22/2010 1:38:45 AM PDT by A Navy Vet (An Oath is Forever)
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To: NoobRep

This is good news!


126 posted on 03/22/2010 1:55:55 AM PDT by M. Espinola (Freedom is never "free")
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To: Hostage

Nothing at all would surprise me anymore. The federal government appears to be bought and paid for, and unless the states unite and stand up for their rights, it’s over. I don’t know why they’d start now though, after rolling over for the feds on everything else in the past. Remember the federal highway fund blackmail they used to get the states to bump the drinking age to 21?


127 posted on 03/22/2010 1:57:24 AM PDT by TheLurkerX (If you want renewable energy, I'm sure the founding fathers are spinning in their graves.)
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To: kabar
"The Federal government cannot mandate that someone buy a product and if they don’t, fine and imprison them. This is not like SS or anything else that we have ever seen. Every resident of this country must buy government approved health care insurance. It is unprecedented."

Yeah, well, I said the same thing in another thread. That is actually our best legal arguement out of this mess.

Read through these threads and other boards. Countless clueless claim they are not going to be forced to buy health insurance. It's actually in the Senate bill tha the House just passed.

Think of the millions and millions of youngsters who will say WTF? Really? I don't have the money. Then what? Oh yeah, the IRS with their new 16,000 agents will investigate and make them pay into Obambicare.

This is going to be funny to watch the IRS try to collect from kids who have squat. Wonder if the new and improved and newly armed IRS will go after the parents' assets? Wouldn't doubt it. We are now in the Brave New World where everyone MUST buy health insurance or have your assets taxed or be fined or imprisonment.

I'm going to love to see how that "Hopey Changey" thing works out for all those idiot college kids and their liberal parents. RWII is coming. Mark this post.

128 posted on 03/22/2010 2:01:06 AM PDT by A Navy Vet (An Oath is Forever)
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To: A Navy Vet

This thing is about as transparent as mud, but I think the provision for a fine is based on income at this point. No income no fine, though that might be imputed to the parents/guardian for a dependent.


129 posted on 03/22/2010 2:05:57 AM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: TheLurkerX

38 or so HAVE decided to unite.


130 posted on 03/22/2010 2:07:21 AM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: NoobRep

God bless Bill McCollum.


131 posted on 03/22/2010 2:44:38 AM PDT by Hoodat (For the weapons of our warfare are mighty in God for pulling down strongholds.)
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To: NoobRep
It’s not over until the American people say it’s over. This is clearly unconstitutional.

Exactly. Was it over when the Germans bombed Pearl Harbor?

132 posted on 03/22/2010 2:46:23 AM PDT by Hoodat (For the weapons of our warfare are mighty in God for pulling down strongholds.)
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To: Hoodat

Not even when the Japanese did.


133 posted on 03/22/2010 2:49:07 AM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: NoobRep

Although some protion of the bill might be covered under the federal power to regulate interstate commerce, it is difficult to see any enumerated power in the Constitution that permits the federal government to implement such a vast medical care program on its own delegated authority.

It is a settled point of law that, under the concept of “dual sovereignty,” federal law can govern the activities of individuals, but it cannot govern a state or require it to do anything, including enforcing a federal law. [Printz v. United States and Mack v. United States, (June 27, 1997)]

The Court has, however, ruled that the federal government, under something called “cooperative federalism,” can allow the States, within limits established by federal minimum standards, to enact and administer their own regulatory programs, structured to meet their own particular needs. If they don’t, then the regulatory burden is entirely up to the feds. Hodel v. Virginia Surface Mining & Recl. Assn., 452 U.S. 264 (1981)

Under what is termed the federal “spending power,” Congress may use monetary allocations to achieve its aims.
[”The clause thought to authorize the legislation, the first, confers upon the Congress power ‘to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States...” U.S. v. Butler, 297 U.S. 1 (1936)]

In New York v. United States 505 US 144 (1992), the Court declared: “...the Constitution authorizes Congress “to pay the Debts and provide for the . . . general Welfare of the United States.” Art. I, 8, cl. 1. As conventional notions of the proper objects of government spending have changed over the years, so has the ability of Congress to “fix the terms on which it shall disburse federal money to the States...”

“...’Congress may attach conditions on the receipt of federal funds.’ South Dakota v. Dole, 483 U. S., at 206. Such conditions must (among other requirements) bear some relationship to the purpose of the federal spending, id., at 207-208, and n. 3; otherwise, of course, the spending power could render academic the Constitution’s other grants and limits of federal authority. Where the recipient of federal funds is a State, as is not unusual today, the conditions attached to the funds by Congress may influence a State’s legislative choices. See Kaden, Politics, Money, and State Sovereignty: The Judicial Role, 79 Colum. L. Rev. 847, 874-881 (1979). Dole was one such case: The Court found no constitutional flaw in a federal statute directing the Secretary of Transportation to withhold federal highway funds from States failing to adopt Congress’ choice of a minimum drinking age. Similar examples abound. See, e. g., Fullilove v. Klutznick, 448 U.S. 448, 478-480 (1980); Massachusetts v. United States, 435 U.S. 444, 461-462 (1978); Lau v. Nichols, 414 U.S. 563, 568-569 (1974); Oklahoma v. Civil Service Comm’n, 330 U.S. 127, 142-144 (1947).” and ..”if a State’s citizens view federal policy as sufficiently contrary to local interests, they may elect to decline a federal grant...”

So that is part of the key to responding to this. The states are free to decline the program (such as the expanded Medicaid,) but that also means declining the federal money and the strings attached to it.


134 posted on 03/22/2010 2:49:23 AM PDT by marsh2
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To: jerry557
Nothing is going to happen. The courts will simply dismiss it saying federal law trumps state law.

/sarc Yeah..that's why the Supreme Court eviscerated most of McCain/Fiengold and declared most of that law unconstitutional right?

135 posted on 03/22/2010 3:34:23 AM PDT by SmokingJoe
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To: ReneeLynn

Tom Corbett is running for governor and is the Republican favorite. Great guy.


136 posted on 03/22/2010 3:36:36 AM PDT by Dan Nunn (Some of us are wise, some of us are otherwise. -The Great One)
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To: RoseofTexas
Relax.
This could be good in the long run. Who thought the GOP would be winning in VA, NJ and least of all Ted Kennedy's seat in MA, back when we lost in November 2008?
This 0bamacare bill guarantees 0bama loses in 2012.
Whatever bill 0bama passes, can be repealed by another president and another congress.
137 posted on 03/22/2010 3:41:19 AM PDT by SmokingJoe
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To: HiTech RedNeck

My point is this: We’ll see how long they carry on the fight, if the court doesn’t throw it out. Will they decide to stand their ground, or will they decide to fold like cardboard, the way so many have done on several previous issues? I hope the hell this is the line in the sand, but from previous experience, I’ll believe it when I see it.


138 posted on 03/22/2010 3:41:36 AM PDT by TheLurkerX (If you want renewable energy, I'm sure the founding fathers are spinning in their graves.)
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To: element92

The Supreme Court agreed with the “people who yelled “unconstitutionalal”” on McCain/Feingold, no?


139 posted on 03/22/2010 3:50:03 AM PDT by SmokingJoe
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To: TheLurkerX
We’ll see how long they carry on the fight, if the court doesn’t throw it out.

As long as it takes, till we vote the Democrats and 0bama out of power and repeal it ourselves.

Will they decide to stand their ground, or will they decide to fold like cardboard, the way so many have done on several previous issues? “

Umm...it took 8 years after McCain/Feingold was passed before the SCOTUS finally repealed most of it. No one “folded like cardboard”.

140 posted on 03/22/2010 3:56:29 AM PDT by SmokingJoe
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To: RoseofTexas

That is why we put our trust in God and not men. Mankind will always fail; God is always faithful.


141 posted on 03/22/2010 3:56:51 AM PDT by rabidralph
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To: A Navy Vet

This will be a hoot.

I own nothing. I have no income and so do not file a tax return, haven’t for years. Why file a piece of paper that says $0.00?

So how do I live? I take care of elderly relatives. They provide me with room and board, even allow me to use their computer.

I guess the Feds will have to throw me, also an old Navy vet, into the grey-bar hotel.


142 posted on 03/22/2010 3:59:30 AM PDT by SatinDoll (NO Foreign Nationals as our President!!)
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To: NoobRep
Moments after Congress voted to approve President Obama's health care legislation, Florida's Attorney General announced he will file a lawsuit to declare the bill unconstitutional.

The sooner the better.

143 posted on 03/22/2010 4:00:19 AM PDT by Non-Sequitur
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To: cripplecreek; grellis

Wondering if Mike Cox in MI is on board. It would certainly give a huge boost to his run for governor.


144 posted on 03/22/2010 4:02:42 AM PDT by rintense (Only dead fish go with the flow, which explains why Congress stinks.)
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To: rintense

Wait and see...I don’t think he has the...cherries, personally.


145 posted on 03/22/2010 4:45:17 AM PDT by grellis (I am Jill's overwhelming sense of disgust.)
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To: grellis

He stated on FB he would only if the Deem/pass was used. If he doesn’t, he gives Hoekstra lots of ammunition.


146 posted on 03/22/2010 4:47:35 AM PDT by rintense (Only dead fish go with the flow, which explains why Congress stinks.)
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To: NoobRep

Looking for NY on the list.
What? No NY?

Bahhaaahaaa!


147 posted on 03/22/2010 4:49:56 AM PDT by Scotswife
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To: ReneeLynn
"Pennsylvania. Hoorah! I didn’t have much hope for that."

Tom Corbett is the AG. He's a solid conservative and he'll most likely be our next governor this November.
148 posted on 03/22/2010 5:04:02 AM PDT by Old Teufel Hunden
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To: Loud Mime

Alaska!


149 posted on 03/22/2010 5:04:46 AM PDT by Loud Mime (Liberalism is a Socialist Disease)
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To: NoobRep
James Madison, Federalist 45

The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.
150 posted on 03/22/2010 5:06:48 AM PDT by publiusF27
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