Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: rhema; All
As a side note to Obama lying about Obamacare, also consider that majority activist justices lied that Obamacare was constitutional in 2012.

What we're not going to hear from Obama guard dog Fx News about Obamacare is the following. Regardless that Chief Justice Roberts found Obamacare “constitutional” with respect to Congress’s power to lay taxes, perhaps you will find it disturbing, as I have, that the Court had previously clarified that the states have never granted Congress the constitutional authority to address intrastate public healthcare issues.

More specifically, regardless that Justice Roberts referenced the Gibbons v. Ogden case in the Obamacare opinion, he seemingly ignored two key statements in the Gibbons opinion which clearly indicate, imo, that Congress has no constitutional authority to make legislation of any kind regulating public healthcare.

"State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress (emphases added)." --Gibbons v. Ogden, 1824.

"Congress is not empowered to tax for those purposes which are within the exclusive province of the States." --Chief Justice John Marshall, Gibbons v. Ogden, 1824.

In other words, Congress cannot make laws to lay taxes or establish penalties in the name of intrastate public healthcare any more than it can make laws regulating 1st Amendment protected religious expression and freedom of press imo.

Here's two more excerpts from Supreme Court case opinions which likewise indicate that Congress has no constitutional authority to make laws regulating intrastate healthcare. Note that Justice Barbour referenced the above excerpt from Gibbons in New York v. Miln, expanding it as follows.

"Inspection laws, quarantine laws, health laws of every description, as well as laws for regulating the internal commerce of a state and those which respect turnpike roads, ferries, &c., are component parts of this mass." --Justice Barbour, New York v. Miln, 1837.

And before Constitution-ignoring FDR nuked the Supreme Court with activist justices, Constitution-respecting justices had again emphasized that Congress has no business sticking its big nose into intrastate medical practice.

“Direct control of medical practice in the states is obviously (emphasis added) beyond the power of Congress.” –Linder v. United States, 1925.

24 posted on 02/01/2013 12:16:34 PM PST by Amendment10
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Amendment10

If we could somehow return to the true meaning of the constitution people would be amazed how little government would remain. Perhaps ninety percent of it is in truth a violation of the constitution but little by little over the years judges have proclaimed most of these atrocities to somehow be covered by the commerce clause, the welfare clause or the unwritten just beclause.


31 posted on 02/01/2013 7:00:45 PM PST by RipSawyer (I was born on Earth, what planet is this?)
[ Post Reply | Private Reply | To 24 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson