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Can ObamaCare Be Stopped….And If Not, What Is Our Future?
Flopping Aces ^ | 03-23-10 | Curt

Posted on 03/23/2010 4:50:15 PM PDT by Starman417

Law Professor Richard Esenberg writes about the the legal challenges coming against ObamaCare, whether those challenges can stop it, and why this bill is so dangerous.:

Still, the individual mandate may be different. Professor Barnett writes that "[w]hile Congress has used its taxing power to fund Social Security and Medicare, never before has it used its commerce power to mandate that an individual person engage in an economic transaction with a private company." It's one thing to be subject to regulation because you are providing for yourself what you would otherwise buy in an interstate market. It's quite another thing to argue that, because your refusal to consume a product may affect interstate commerce (if the young and healthy do not insure, the old and sick will have to pay more), you can be made to buy it.

Some scholars and lawyers prefer to emphasize Congress' authority to tax and spend to promote the general welfare. Jack Balkin, for example, thinks that this makes the case for the constitutionality of the individual mandate "easy." For Professor Balkin, there is no need to construct Rube Goldberg-like scenarios of commercial impact. "The government can make you pay taxes," he says. Because the failure to insure will result in a tax (as opposed, I guess, to a stint in Leavenworth), there is nothing to see here.

[snip]

It will be tragic because the notion of a Congress limited by the scope of its enumerated powers will have finally suffered the coup de grace. The Bill of Rights (once famously - and now ironically - thought to be unnecessary given the structural limits on the power of the national government) will become the only limitation on the power of Congress. If Congress can require you to buy health insurance because of the ways in which your uncovered existence effects interstate commerce or because it can tax you in an effort to force you to do anything old thing it wants you to, it is hard to see what - save some other constitutional restriction - it cannot require you to do - or prohibit you from doing.

Read more at floppingaces.net...


TOPICS:
KEYWORDS: entitlement; esenberg; obamacare; socialism

1 posted on 03/23/2010 4:50:15 PM PDT by Starman417
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To: Starman417

south africa is the future


2 posted on 03/23/2010 4:51:05 PM PDT by dalebert
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To: Starman417

Start thinking in terms of 1775.


3 posted on 03/23/2010 4:52:02 PM PDT by Howie66 (The one redeeming thing about liberals: their tendency to kill their own.)
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To: Starman417

Total financial collapse.


4 posted on 03/23/2010 4:52:04 PM PDT by Marty62 ( Marty60)
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To: Starman417
Tax evasion is now a moral and ethical imperative of each and every real American. The beast must be starved to death.


5 posted on 03/23/2010 4:53:16 PM PDT by Oceander (The Price of Freedom is Eternal Vigilance -- Thos. Jefferson)
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To: Starman417
I willl watch just how far the left gets. If we take back Congress in November, the problems willbe gradually solved. If not, then many AMericams will emmigrate to a nation which still is free.
6 posted on 03/23/2010 4:57:29 PM PDT by Candor7 (Now's the time to ante up against the Obama Fascist Junta ( member NRA))
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To: Starman417
I will be willing to meet with any Freepers in the D.C. area to discuss media and other strategies to promote our side in the Obamacare issue, including using social media, podcasts, and YouTube videos. I would rather not discuss strategies on line. I have two ads right now, one print, one radio, and would like to develop more.
7 posted on 03/23/2010 4:58:02 PM PDT by GAB-1955 (I write books, love my wife, serve my nation, and believe in the Resurrection.)
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To: Candor7

Where would that be?


8 posted on 03/23/2010 4:58:02 PM PDT by Osage Orange (A fear of weapons is a sign of retarded sexual and emotional maturity. - Sigmund Freud)
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To: Howie66
I like that thinking. Really.


9 posted on 03/23/2010 4:58:16 PM PDT by Viking2002 (Old fishermen never die. They just smell that way.)
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To: dalebert

For me it is the farm in central Kentucky and a life of low needs.


10 posted on 03/23/2010 5:00:02 PM PDT by RobRoy (The US today: Revelation 18:4)
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To: Starman417

I remember telling my folks that if Obamacare passed, my life expectancy drops about 10 - 20 years. Without getting into details, I already know my medical future. Without Obamacare, it would be a struggle but if I prepare financially (gettin’ there) I should be able to work less someday and manage health costs...after all, I’d have control and choice, and there was always the hope that American innovation, research and development would make a great announcement someday.

That was Saturday, which seems long, long ago.


11 posted on 03/23/2010 5:00:42 PM PDT by LostInBayport (2010 - The Second American Revolution. The first shot was fired 1/19/2010 -- here in Massachusetts!)
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To: Marty62

>>Total financial collapse.<<

That was almost certainly happening any way. This just sped it up - which may be a good thing. The sooner this hits bottom the sooner we can start picking up the pieces. I just hope a would be Dictator doesn’t choose not to “waste the crisis”.


12 posted on 03/23/2010 5:01:16 PM PDT by RobRoy (The US today: Revelation 18:4)
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To: Candor7
>>I willl watch just how far the left gets. If we take back Congress in November, the problems willbe gradually solved. If not, then many AMericams will emmigrate to a nation which still is free.<< I disagree. I think many americans will attempt to follow through on this:
13 posted on 03/23/2010 5:03:04 PM PDT by RobRoy (The US today: Revelation 18:4)
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To: Howie66

I’m in!!!!!!


14 posted on 03/23/2010 5:03:49 PM PDT by Mrs. Frogjerk
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To: Viking2002

Many will definitely feel empowered.


15 posted on 03/23/2010 5:03:52 PM PDT by RobRoy (The US today: Revelation 18:4)
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To: LostInBayport

Consider roundtrip airfare and hotel to Mexico city, hospital and doctor visits and return. Should be less than $20k a year. That’ll beat the $10K yearly US “coverage” racket plus another $10K yearly deductable.


16 posted on 03/23/2010 5:04:47 PM PDT by Justa
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To: Starman417

17 posted on 03/23/2010 5:09:30 PM PDT by Kartographer (".. we mutually pledge to each other our lives, our fortunes, and our sacred honor.")
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To: Osage Orange

There are many, destinations where AMericans have been immigrating for years and now form a very important part of the infrastructure of various nations.

ther Americans help preserve freedom which will now be greater than that which is here in the USA.BTW, that is how this natuion was formed, our ancestors left the tyrrany of Europe to come to the US, and now the tyrants have caught up yet again.Soe if us will fight, others of us will move on, just as it was in the days when America was becoming populated.

Just google “expat communities”.


18 posted on 03/23/2010 5:16:00 PM PDT by Candor7 (Now's the time to ante up against the Obama Fascist Junta ( member NRA))
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To: RobRoy
I agree, but you know, why are we not now fighting? The time is past by 8 years or so.

Perhaps we no longer will make that kinnd of sacrifice ? The government will declare martial law as well.It would be a fight comparable to the revolution of 1776, and enemies also would try to invade us.

I will make that decision should the opportunity present itself. So far , it has not.

19 posted on 03/23/2010 5:19:09 PM PDT by Candor7 (Now's the time to ante up against the Obama Fascist Junta ( member NRA))
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To: Candor7

Thanks


20 posted on 03/23/2010 5:21:44 PM PDT by Osage Orange (A fear of weapons is a sign of retarded sexual and emotional maturity. - Sigmund Freud)
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To: RobRoy

My thoughts exactly.


21 posted on 03/23/2010 5:21:54 PM PDT by Marty62 ( Marty60)
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To: Howie66

Start thinking in terms of 1775.

That's right and Obama is King George.

22 posted on 03/23/2010 5:22:25 PM PDT by kempster
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To: dalebert

“south africa is the future”

Meh, think that is overstating it. We are on the road to being another failed Western European social democracy. We’ve been heading in that direction for years. Reagan interrupted things for a bit, but even he couldn’t cut spending or any major programs. Socialism is like a deadly, addictive drug, and once it takes hold in the people it is very hard to kick. Even with Republican victories in November, it will only be a temporary setback to the left. The US has to suffer a major economic calamity in order to persuade a true majority, in their heart of hearts, to give up their freebies. Also, taking the free stuff away may result in a fair bit of violence, so things could get nasty.


23 posted on 03/23/2010 5:26:24 PM PDT by Longbow1969
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To: Starman417
What Is Our Future? National bankruptcy.
24 posted on 03/23/2010 5:28:44 PM PDT by neutrino (Globalization is the economic treason that dare not speak its name.(173))
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To: Starman417

Anyone that surrenders deserves their future


25 posted on 03/23/2010 5:37:18 PM PDT by TexasTransplant (Parse every sentence uttered by a politician)
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To: GAB-1955

Constitutional Amendment

Term limits for congress critters and the right of recall,and then strip the federal government of its powers except for what is outlined in the bill of rights


26 posted on 03/23/2010 5:38:53 PM PDT by Charlespg
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To: Candor7

Which nations do you put in this category?


27 posted on 03/23/2010 5:42:31 PM PDT by tbw2 (Freeper sci-fi - "Humanity's Edge" - on amazon.com)
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To: tbw2

Kenya.( sarc.)

Check it out for yourself.

http://www.expat-blog.com/


28 posted on 03/23/2010 5:57:45 PM PDT by Candor7 (Now's the time to ante up against the Obama Fascist Junta ( member NRA))
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To: Osage Orange

http://www.expat-blog.com/


29 posted on 03/23/2010 6:01:00 PM PDT by Candor7 (Now's the time to ante up against the Obama Fascist Junta ( member NRA))
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To: Starman417

Can it be? It has to be...at all cost. It isnt a question.


30 posted on 03/23/2010 6:07:07 PM PDT by blasater1960 ( Dt 30, Ps 111, The Torah is perfect, attainable, now and forever)
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To: Kartographer

I like that quote - which is Star Wars Episode I (The Phantom Menace). It’s been my Facebook quote for the last year or so.


31 posted on 03/23/2010 6:19:47 PM PDT by RightFighter (Sarah Palin - we love you and can't wait to see you again.)
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To: Starman417

Civil Disobedience.


32 posted on 03/23/2010 7:57:53 PM PDT by MrChips (MrChips)
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To: All

One patriot


33 posted on 03/23/2010 8:19:49 PM PDT by patriot08 (TEXAS GAL- born and bred and proud of it!)
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To: All

One patriot


34 posted on 03/23/2010 8:19:53 PM PDT by patriot08 (TEXAS GAL- born and bred and proud of it!)
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To: Candor7

Uh-huh! And where would that be? New Zealand?


35 posted on 03/23/2010 8:25:58 PM PDT by SatinDoll (NO Foreign Nationals as our President!!)
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To: Starman417

No.

Very bleak.


36 posted on 03/23/2010 11:20:34 PM PDT by Jack Hammer
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To: Starman417; All
Future? ...to quote mine own evil sef', here:

9,520 posted on Wednesday, November 05, 2008 12:00:00 AM

”Zimbabwe On The Potomac...”

You know there were warning signs...

I kept telling people when Bill Clinton slithered in to office, and clung to it, despite all the scandals, and Impeachment itself-- “He's just a symptom. Like a fever is of a disease- there's something wrong with America.”

Like Popular Culture- look at the magazines-- I call it “thugs & jugs,” or “which Pop Tart is popping out whose baby this week?”

Or Katrina- ever seen so many people milling around with their hands out, when they should have been helping themselves?

We did it to ourselves, and The New, Improved Black Jesus is merely a symptom.

All civilizations have a shelf life- once enough citizens figure out that by electing the “right” representatives, they can use the power of the government to pick the pockets of others,

...it's all over, except for the details.

Well, we're in the “details,” now.

Meanwhile, I have to figure out what Miss Emily and I do with what's left of our lives, and bush hog her Mom's old place in the country, because City Life isn't going to be worth living from here on out.

I'll catch you all later...

...maybe...


37 posted on 03/24/2010 4:44:07 AM PDT by backhoe (Just an Old Keyboard Cowboy, ridin' the trakball into America's Twilight...)
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To: SatinDoll
Right next door to you sweety. I know you are fixing to declare your own nation!
38 posted on 03/24/2010 8:01:46 AM PDT by Candor7 (Now's the time to ante up against the Obama Fascist Junta ( member NRA))
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