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Colorado Attorney General John Suthers Declares Health Care Plan Unconstitutional
http://blogs.westword.com/latestword/2010/03/john_suthers_declares_newly_pa.php ^ | March 22, 2010 | Attorney General John Suthers

Posted on 03/22/2010 3:42:17 PM PDT by Heartlander2

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1 posted on 03/22/2010 3:42:17 PM PDT by Heartlander2
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To: Heartlander2

It appears quite a number of States will take this unconstitutional healthcare bill to court.


2 posted on 03/22/2010 3:45:51 PM PDT by real_patriotic_american
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To: Heartlander2

Mr. Suthers, you sir are an American hero.


3 posted on 03/22/2010 3:49:37 PM PDT by SpaceBar
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To: Heartlander2; george76

Souther is one of the few ‘pubs in state gov’t.


4 posted on 03/22/2010 3:51:06 PM PDT by dynachrome (Barack Hussein Obama yunikku khinaaziir!)
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To: Heartlander2

Suthers, that is.


5 posted on 03/22/2010 3:51:24 PM PDT by dynachrome (Barack Hussein Obama yunikku khinaaziir!)
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To: Heartlander2

“Such an expansion of the current understanding of the commerce clause would leave no private sphere of individual commercial decision making beyond the reach of the federal government. Congress could make any citizen buy any product or service it wanted, if buying it would be commercial activity subject to the interstate commerce clause. Such an expansion of federal power would render the 10th Amendment meaningless.”

This core argument seems so obvious and compelling to me (no constitutional scholar,to be sure) that if the SCOTUS sees it otherwise, I will know that we no longer live in a constitutional republic. It would almost shock me if the decision were not unanimous.


6 posted on 03/22/2010 3:52:42 PM PDT by swain_forkbeard (Rationality may not be sufficient, but it is necessary.)
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To: Heartlander2

Awesome. Can they rip other parts out of this stinking BS law to gut it?


7 posted on 03/22/2010 3:56:58 PM PDT by Frantzie (TV - sending Americans towards Islamic serfdom - Cancel TV service NOW)
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To: Heartlander2

Godspeed in your fight against tyranny.


8 posted on 03/22/2010 4:02:15 PM PDT by Psycho_Bunny
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To: swain_forkbeard

“It would almost shock me if the decision were not unanimous.”

The drooling butthole Stevens has never seen a piece of communist legislation he didn’t love. Several years ago the Stalinist jackass blurted that “we must revisit the idea of the 2nd amendment as an individual right.” (Paraphrase) Stevens should be dressed in a clown suit and shipped one-way to North Korea. When conservatives take back the house, the first order of business should be to impeach the commie for treason.


9 posted on 03/22/2010 4:02:42 PM PDT by sergeantdave
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To: swain_forkbeard
This core argument seems so obvious and compelling to me (no constitutional scholar,to be sure) that if the SCOTUS sees it otherwise, I will know that we no longer live in a constitutional republic. It would almost shock me if the decision were not unanimous.

Prepare yourself to be shocked, then. While I think that there is a very good chance that SCOTUS will declare this thing unconstitutional, I will be shocked if it is unanimous, especially with obamanations like the "wise latina" on the court.
10 posted on 03/22/2010 4:06:17 PM PDT by fr_freak
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To: Heartlander2

It is unconstitutional. You cannot mandate an individual purchase any item-period. If they allow this to be called law, the citizens of the United States have zero rights. They’ll force you to buy their treasury notes and other “goods” they deem are for the general welfare. There’s simply no way this can stand. They also cannot tax an individual solely as a means of controlling conduct that it could not otherwise reach through the commerce clause or any other constitutional provision. That’s a Supreme Court ruling.

I get so sick of the “well they make you buy car insurance.” First of all that’s not true-IF you want to drive a vehicle you have to have liability insurance to protect other drivers. And this is done at the state level, where powers not delegated to the Federal government are granted.


11 posted on 03/22/2010 4:06:50 PM PDT by NoobRep
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To: dynachrome

Thanks.

Congress is attempting, for the first time in our history, to use the interstate commerce power to regulate citizens who choose not to engage in a commercial activity, by forcing them to buy insurance.

Never before has Congress compelled Americans, under the threat of economic sanction, to purchase a particular product or service as a condition of living in this country


12 posted on 03/22/2010 4:09:21 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: Heartlander2

WHEW!!

I was getting worried that Colorado wouldn’t make it on the list.

YAY!!!


13 posted on 03/22/2010 4:11:15 PM PDT by RandallFlagg (30-year smoker, E-Cigs helped me quit, and O wants me back smoking again?)
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To: Heartlander2; Alamo-Girl; metmom
Congress is attempting, for the first time in our history, to use the interstate commerce power to regulate citizens who choose not to engage in a commercial activity....

Congress claims a legitimate mandate from the Commerce Clause, which in this case has the effect of penalizing American citizens for being "non-commercial" in their behavior. That is, if they refuse to engage in the mandated commercial activity — which isn't even interstate commerce. The current regime of state regulation pretty much ensures that. What power does Congress have to intervene in intrastate commerce?

ObamaKare requires everyone to buy what amounts to a one-size-fits-all insurance policy that Obama and Congress insist we MUST buy, in effect, as a congressionally-constructed, newly imagined condition of citizenship.

Beyond its failure to reach to intrastate commerce, how can Congress use the Commerce Clause to penalize non-commercial activity? I.e., the free choice of a citizen to not engage in commerce?

Am I alone in thinking this is is actually an inversion of the Commerce Clause, which renders its original constitutional meaning totally senseless?

14 posted on 03/22/2010 4:12:37 PM PDT by betty boop (Moral law is not rooted in factual laws of nature; they only tell us what happens, not what ought to)
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To: Heartlander2
Deem it so, Scotty!

Virginia Lawmakers Say "No" To Health Care Reform (First in the Nation)

Idaho first to sign law against health care reform

Kansas one of 37 states challenging federal health care reform (STOPPING THE COMMUNIST TAKEOVER!)

15 posted on 03/22/2010 4:18:47 PM PDT by TigersEye (Down a lazy river ...)
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To: real_patriotic_american

I thought Colorado was a lib mecca.


16 posted on 03/22/2010 4:19:12 PM PDT by Bronzy
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To: RandallFlagg

I keep hearing about two different lists, one with pending or passed legislation that has 38 or so states on board, and one that has the states that are planning to have their AG sue.

Does anyone have either of these lists from a reliable source? I would sure appreciate them.


17 posted on 03/22/2010 4:20:00 PM PDT by BattleHymn
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To: Bronzy

There’s hope for Colorado! Lot’s of patriots here!


18 posted on 03/22/2010 4:20:21 PM PDT by Heartlander2
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To: Heartlander2

The Colorado AG makes a good point. This bill forces people to engag ein interstate commerce and then subjects them to federal interstate commerce laws.

This is slavery, a violation of the 13th amendment.


19 posted on 03/22/2010 4:23:08 PM PDT by CodeToad
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To: Heartlander2

In a toilet area of the Rocky Grass Blue Grass Festival I saw instructional signs saying, “If it’s yellow it’s mellow. If it’s brown flush it down”.


20 posted on 03/22/2010 4:25:55 PM PDT by Bronzy
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To: dynachrome

Southers is a good El Paso County conservative!


21 posted on 03/22/2010 4:27:58 PM PDT by keepitreal ( Don't tread on me.)
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To: Heartlander2

Tenth talk makes me giddy especially about CommieCare. Why should the various states take this lawlessness and abuse from a bunch of socialist hacks in DC? The tribute they extort is bad enough


22 posted on 03/22/2010 4:28:08 PM PDT by dennisw (It all comes 'round again --Fairport)
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To: RandallFlagg
I was getting worried that Colorado wouldn’t make it on the list.

The only Republican in state-wide office right now! I was upset he didn't take on Ritter in the last election - now I'm so glad he's where he is.

23 posted on 03/22/2010 4:29:38 PM PDT by keepitreal ( Don't tread on me.)
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To: Heartlander2

Hit these Rats from multiple fronts and make them regret the day they ever voted for this travesty.


24 posted on 03/22/2010 4:30:42 PM PDT by tflabo (We c)
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To: Heartlander2

If the bill would have allowed interstate insurance they might have some say.


25 posted on 03/22/2010 4:33:45 PM PDT by Mike Darancette (Stupak, At least Chamberlain got a piece of paper.)
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To: Frantzie

The order to buy is the Achilles heel. The entire scheme collapses if you can simply wait to get sick and then buy insurance since you can’t be declined for pre-existing conditions.

This is already the case for the next 4 years. Companies are already making plans to self-insure employees, telling them the company will pay for checkups, drugs and tests. They then guarantee that they will buy insurance for anyone who gets sick and needs surgery or other expensive treatment. Companies can save millions a year doing this.

This stupid bill is doomed, it’s just a matter of time and pain. Maybe more of both, maybe less. Depends on the courts. The law of supply and demand is immutable. The idiot dems have just increased demand while capping prices. Guess what follows? Shortages of drugs, medical equipment and healthcare personnel at all levels. People won’t stand for that. The idiots Carter and Nixon learned this in the 70’s. Rmember “odd and even” license plate days for filling up with gas? These dumbassess never learn anything.


26 posted on 03/22/2010 4:38:12 PM PDT by SaxxonWoods (Gone Galt and loving it)
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To: Bronzy

Boulder is. Downdown Denver, too.


27 posted on 03/22/2010 4:38:23 PM PDT by RandallFlagg (30-year smoker, E-Cigs helped me quit, and O wants me back smoking again?)
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To: RandallFlagg
He is a hero. I hope he succeeds.
28 posted on 03/22/2010 4:39:31 PM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: swain_forkbeard
It would almost shock me if the decision were not unanimous.

With demonstrated (if not declared) Commies on the court? You must be joking.

Ruth Buzzy Ginsberg knows she is not long for this world, but that would be quite the "come-to-Jesus" moment.....unanimous, no. Majority, more likely, but still not a given by any means.

29 posted on 03/22/2010 4:40:36 PM PDT by Mygirlsmom (Deem Me PISSED!!!!!!!!!)
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To: SaxxonWoods

Thanks! Great post. My buddy said some of the smae things. He said I will not carry insurance for my famnily anymore - if I get sick, I will sign up then.

It will destroy healthcare. We need to take that approach and mock them with disdain and prove what evil fools they are. My buddy thinks it will go back to private doctors.


30 posted on 03/22/2010 4:41:06 PM PDT by Frantzie (TV - sending Americans towards Islamic serfdom - Cancel TV service NOW)
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To: Bronzy

You thought wrong. There is only Boulder and Denver and a flood of Soros money last election. The rest of us are pissed.


31 posted on 03/22/2010 4:43:12 PM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: SaxxonWoods
Remember “odd and even” license plate days for filling up with gas?

I do. I only had one old car. Just got my license and thought "just mt luck." My kids must feel the same, or will soon. My small grand kids will curse me.

32 posted on 03/22/2010 4:48:31 PM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: Heartlander2; 17th Miss Regt; 2001convSVT; 2ndDivisionVet; A_Former_Democrat; ...
Colorado? COLORADO??? Go on witcho bad self!

Such an expansion of federal power would render the 10th Amendment meaningless.

Not to mention the entire Constitution. What good is our Constitution, designed primarily to keep the feral government within specific enumerated powers if the feral government gets to decide what is and is not an enumerated power? The States as a party to the compact certainly DO have a say in where the federales can go. I know Texas and a few other States will in short order tell 'em exactly where to go! Odinga and his czars need to be taken down a few notches.

Colorado has entered the room!





Please ~ping~ me to articles relating to the 10th Amendment/States Rights so I can engage the pinger.

I've stopped monitoring threads and unilaterally adding names to the ping list, so if you want on or off the list just say so.

Additional Resources:

Tenth Amendment Chronicles Thread
Tenth Amendment Center
The Right Side of Life/State Initiatives
Sovereign States
Firearms Freedom Act
Health Care Nullification

CLICK HERE TO FIND YOUR STATE REPRESENTATIVES

33 posted on 03/22/2010 4:49:27 PM PDT by ForGod'sSake (You have two choices and two choices only: SUBMIT or RESIST with everything you've got!)
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To: MileHi

Where was the < /i > tag?


34 posted on 03/22/2010 4:49:42 PM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: RandallFlagg

http://www.freerepublic.com/focus/news/2477264/posts?page=23

10 states line up to sue over health bill, Florida AG says


35 posted on 03/22/2010 4:53:07 PM PDT by txhurl ((txflake))
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To: Heartlander2

GREAT NEWS!


36 posted on 03/22/2010 4:54:41 PM PDT by ironwill (III - Molon Labe)
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To: Heartlander2
I want to see statutes in as many states as possible like the following:

(a) No citizen of the State shall be compelled to engage in any form of commerce, whether intra-state or interstate.

(b) No government agent, whether acting in a capacity as law enforcement or any other capacity, whether acting in the name of the State or the Federal government, shall enforce or attempt to enforce any law, regulation, or other act compelling any citizen of the State to engage in any form of commerce.

(c) Violation of (b) shall be considered a Class II Felony.

(d) The Attorney General shall prosecute any agent who violates (b).

(e) The Governor shall direct State law enforcement to enforce (b).

(f) The Governor shall direct State law enforcement to actively prevent violations of (b).

(g) Willfully ignoring violations or imminent violations of (b) shall be considered a Class III Felony.


37 posted on 03/22/2010 5:07:10 PM PDT by Windcatcher (Obama is a COMMUNIST and the MSM is is armband-wearing propaganda machine.)
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To: NoobRep

I’ve stated this same thing about car insurance over and over. You do not have to drive thus you are not required to purchase car insurance. I hated when different congress critters would state this analogy and it just doesn’t wash.

They were trying to talk to those that had no clue to make it sound as if it were true. Many bought it! I for one did not......

Thanks for stating it again!


38 posted on 03/22/2010 5:10:34 PM PDT by jcsjcm (American Patriot - follow the Constitution and in God we Trust - Laus Deo)
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To: jcsjcm

Rendell was just on with O’Reilly trying to sell this totalitarian power grab as “necessary”. Seeing as that SON OF A BITCH!!! is my governor, I can’t tell you how hard it was not to send him a nastygram. He’d just ignore it and he’s term-limited anyway.

Rendell isn’t fooling anyone. He’s always been in Philly’s pocket, and this is his way of getting free health care for the gangbangers.


39 posted on 03/22/2010 5:13:16 PM PDT by Windcatcher (Obama is a COMMUNIST and the MSM is is armband-wearing propaganda machine.)
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To: Windcatcher

This is just a wild theory so please take it with a ton of salt.

The demmies want single payer, but it can’t be in one swoop, so they’ll do it one step at a time.

But the drool was too much to take and they jumped the gun a bit with the mandate thing. Sooooooo, probably knowing it will be in court, maybe this is a bizar “haggel” situation.

You’re selling a TV and ask for $1,000 (knowing that’s too high....probably costs $250) so you start high haggle it down to $400. You may not get the 1k but you advance the marker a little bit forward. Oh, it will go through the courts, might get a little messy in November, but you get some things out of it while it gets “sanitized” (aka legit) from the courts.


40 posted on 03/22/2010 5:16:10 PM PDT by ak267
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To: RandallFlagg

Don’t be too excited..our brave Governor declined to sign on..useless putz.


41 posted on 03/22/2010 5:17:30 PM PDT by coloradomomba (BO stinks!)
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To: Heartlander2
and so it begins...
42 posted on 03/22/2010 5:32:12 PM PDT by Chode (American Hedonist *DTOM* -ww- NO Pity for the LAZY)
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To: Heartlander2

There’s this article, too.

Obamacare draws ire of state attorneys general; legal action planned

http://www.examiner.com/examiner/x-2684-Law-Enforcement-Examiner~y2010m3d22-Obamacare-draws-ire-of-state-attorneys-general-legal-action-planned

‘”It’s ridiculous to think that the answer to having people who cannot afford health insurance is to pass a law ordering them to purchase policies they can’t afford under penalty of $750 fines,” said attorney and political strategist Mike Baker.’


43 posted on 03/22/2010 5:34:01 PM PDT by metmom (Welfare was never meant to be a career choice.)
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To: Heartlander2

WOO HOO!


44 posted on 03/22/2010 5:40:58 PM PDT by Danae ( The sleeping Giant is awake)
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To: Frantzie
Can they rip other parts out of this stinking BS law to gut it?

I wonder that, too. If an insurance company is not engaged in interstate commerce ... which they currently do not ... can they be forced to cover pre-existing conditions and not sell catastrophic-only policies, and the like, by the federal government?

45 posted on 03/22/2010 5:44:01 PM PDT by JustSurrounded (No More. The retreat stops here.)
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To: MileHi

This was Boulder where I read this sign or just up the road from there: In a toilet area of the Rocky Grass Blue Grass Festival I saw instructional signs saying,

“If it’s yellow it’s mellow. If it’s brown flush it down”.


46 posted on 03/22/2010 6:03:24 PM PDT by Bronzy
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To: NoobRep

“They’ll force you to buy their treasury notes and other “goods” they deem are for the general welfare.”

They already do - that’s where your Social Security is going.


47 posted on 03/22/2010 6:06:26 PM PDT by sanchmo
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To: Bronzy

Umm, OK. And you went from that to “Colorado was a lib mecca”?


48 posted on 03/22/2010 6:09:33 PM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: Frantzie

If (I say if bc apparently no
law matters anymore) the scotus rules like we hope and
believe it should....the whole ponzi scheme Barry n Nancy
have duped the 45% minority for will collapse
on it’s own fetid corrupt self.

For if you think prems would increase under the
best circumstance in this assanine bill ...
Imagine just how high they would go if
denial of coverage for preexisters was still in play but millions
and millions could just sit it out until they
get really sick.

One more thing...since the rat bastards had
no qualms using reconciliation for this outrage
why doesn’t the GOP cross off some wishes
off it’s wet dream list next time it has 50+ 1?

I hope we stay on offense and make the rats defend
their assanine pathology of a party...

If not we are gonna drown in amnesty and a
perm rat majority thanks to millions of grateful
illegals

Game over if it happens


49 posted on 03/22/2010 6:13:49 PM PDT by jabotinsky
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To: MileHi

Well, when we were in Breckenridge a restaurant told us that they didn’t serve french fries. And, that we would have to smoke outside in the back. That was 1997. The bluegrass was year 2009.


50 posted on 03/22/2010 6:19:52 PM PDT by Bronzy
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