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...
My thoughts exactly.
Start thinking in terms of 1775.
That's right and Obama is King George.
“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.
Anyone that surrenders deserves their future
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
Which nations do you put in this category?
Can it be? It has to be...at all cost. It isnt a question.
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.
Civil Disobedience.
One patriot
One patriot
Uh-huh! And where would that be? New Zealand?
No.
Very bleak.
9,520 posted on Wednesday, November 05, 2008 12:00:00 AM
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...
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