Posted on 04/14/2012 6:57:07 PM PDT by Kaslin
Notice that the author did not provide any proof about a law being passed in 1790 making it a mandate that Shipowners had to provide health insurance for their sailors. Like a typical liberal he pulled the lie out of his derriere and expects others to buy the lie hook line and sinker
Then again a reality check for liberals often requires a 2X4 to their head...repeat if necessary.
O.K., so let’s pass a law again mandating that EVERY adult citizen not convicted of a felony buy a firearm (not just men, right?). Let’s see if this liberal pussy is in favor of that.
My BS meter peg so hard it broke ...
Medical insurance around in 1790? Who knew?
Oh, and let me add- the firearm purchase was not designed to regulate commerce— it was a national defense matter.
My understanding is that such a mandate was law.
Still, sailors were already involved in commerce. There was no requirement for people to be come sailors, so that their commerce could be regulated.
Tantalus...
This blog does a nice job of refuting:
sound good to me
The two ‘insurance’ laws were actually requirements that ships keep doctors and provide service to the crew. This is because all ships were involved to some degree in the Barbary war but could also be conscripted into the service of the States and thus were considered a potential military naval asset.
The requirement of owning a gun was a wartime law establishing a militia.
Neither of these laws are even close to the ‘mandate’ of health insurance. Both were part of national defense issues, not commerce.
Surely Elhauge is sufficiently educated to know that what the Constitution permits is explicit or clearly implied in the documents language, and that what is left out is explicitly prohibited.
Why, then, his coyness?
We must think it is because he wishes government to be given powers which it has no right to assert.
notice that he didn’t provide any proof, and I bet you if you were able to ask people from that time they would have no idea what you are talking about.
Utter nonsense.
Courts have long confirmed that Congress has the general power to determine United States maritime law. The power of Congress to pass laws relating to seaman or other matters relating to maritime jurisdition is not dependent on the interstate commerce clause. Even so, shipping on the high seas can be covered under the foreign or interstate commerce clause by the very nature of the activity.
Congress has explicit power over the organizing and arming of the militia under the Constitution.
These examples the author cites have no legal relevance to the question of the constitutionality of ObamaCare under the interstate commerce clause.
The Democrats have kind of gotten this all backwards ~ using IRS to punish people who don't pay their monthly medical insurance premiums for example ~ ......................
Could it be they've been dipping in the "now empty bag of mairjuana".
Have you not yet come to understand that such a practice will only produce further brain damage in an already unrecoverable brain damaged individual?
( ^8 }
Wow. I don’t even know where to start with this one.
I wanted an Abrams tank, fully decked, and with half a dozen deuce and a halfs tailing along carrying ammunition of suitible caliber!
See, I told you that idiot author pulled it out of his derriere
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