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To: Wolfie
I don’t know how anyone can read Scalia’s comments, which is now the Law of the Land, and not know that Obamacare’s health insurance mandate is Constitutional.

I read Joseph Story's comments:

Here's an excerpt:

"The question comes to this, whether a power, exclusively for the regulation of commerce, is a power for the regulation of manufactures? The statement of such a question would seem to involve its own answer. Can a power, granted for one purpose, be transferred to another? If it can, where is the limitation in the constitution? Are not commerce and manufactures as distinct, as commerce and agriculture? If they are, how can a power to regulate one arise from a power to regulate the other? It is true, that commerce and manufactures are, or may be, intimately connected with each other. A regulation of one may injuriously or beneficially affect the other. But that is not the point in controversy. It is, whether congress has a right to regulate that, which is not committed to it, under a power, which is committed to it, simply because there is, or may be an intimate connexion between the powers. If this were admitted, the enumeration of the powers of congress would be wholly unnecessary and nugatory. Agriculture, colonies, capital, machinery, the wages of labour, the profits of stock, the rents of land, the punctual performance of contracts, and the diffusion of knowledge would all be within the scope of the power; for all of them bear an intimate relation to commerce. The result would be, that the powers of congress would embrace the widest extent of legislative functions, to the utter demolition of all constitutional boundaries between the state and national governments.

That's how I know Scalia is wrong.

34 posted on 12/14/2011 4:32:33 AM PST by tacticalogic
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To: tacticalogic

Yes, Scalia is wrong. And yet it’s the Law of the Land. And will be applied in every case of the like that comes before the Court. What are you going to about it? Not a damn thing.


36 posted on 12/14/2011 4:35:21 AM PST by Wolfie
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To: tacticalogic

What people often fail to realize about Justice Scalia (in contrast to Justice Thomas) Is that while J.Scalia is a Conservative, and a pretty darn good one at that, he is at the end of the day, a Law and Order conservative, and his sensibilities in a contest between liberty and the police state will generally skew to the police state.

Justice Thomas otoh, generally sides with Liberty.


163 posted on 12/15/2011 1:23:14 PM PST by hobbes1 (Hobbes1TheOmniscient® "St.Sarah, the1Tru Conservative that REFUSES to unite us and Save America")
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