Skip to comments.Colorado Attorney General John Suthers Declares Health Care Plan Unconstitutional
Posted on 03/22/2010 3:42:17 PM PDT by Heartlander2
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It appears quite a number of States will take this unconstitutional healthcare bill to court.
Mr. Suthers, you sir are an American hero.
Souther is one of the few ‘pubs in state gov’t.
Suthers, that is.
“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.
Awesome. Can they rip other parts out of this stinking BS law to gut it?
Godspeed in your fight against tyranny.
“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.
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.
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
I was getting worried that Colorado wouldn’t make it on the list.
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?
I thought Colorado was a lib mecca.
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.
There’s hope for Colorado! Lot’s of patriots here!
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.
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”.