Where Obamacare is concerned for example, low-information voters, which includes evidently most state lawmakers, governors and state justices, need to know that activist justices wrongly ignored the following when they gave Obamacare a green light. The Supreme Court had previously clarified that the states have never delegated to the feds, expressly via the constitution, the specific power to regulate intrastate commerce which includes taxing and spending for intrastate healthcare purposes.
”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.
In fact, regardless that federal Democrats and RINOs will argue that if the Constitution doesn’t say that they cannot do something then they can do it, note that the Supreme Court has condemned that foolish idea. More specifically, the Supreme Court has clarified in broad terms that powers not expressly delegated to the feds via the Constitution, the power to regulate intrastate healthcare in this case, are prohibited to the feds.
”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.
Note that if the states want a national healthcare program that there is nothing stopping them from amending the Constitution to grant the feds the specific power to establish such a program. But corrupt Democrats chose to wrongly ignore the will of the Constitution’s Article V state majority and established Obamacare outside the framework of the Constitution.
Finally, please bear in mind that the 10th Amendment is probably one of the best kept secrets in corrupt DC.
It got excused in the last round as a tax.
It does not look like a constitutional tax, though the “too big to fail” mindset surely figured.