13 Dec 2010

Obamacare Unconstitutional

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We knew that already. Federal judge Henry Hudson ruling in the lawsuit brought by Virginia Attorney General Ken Cuccinelli agrees.

There is nothing in the Constitution granting Congress the power to make you buy health insurance. The case will obviously be appealed to the Supreme Court, and Justice Kennedy will almost certainly be the 5th vote killing Obamacare dead as Fogarty’s goat.

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Chris Taus

Wait a minute, cf, are you saying that all of the actual health care provisions of the bill are struck down but all 400 earmarks and pork projects are not?



SDD

The sad part of this continues to be the willful ignorance about the Constitution that pervades this discussion. There cannot be any reasonable grounds for finding that the Federal government has the power to impose the requirements that this bill does. The states, of course, are under no such constraint, and could decide to do something similar should sanity elude them. That is the key point that seldom gets discussed. If the only consideration is whether a law is “beneficial” or not, then the government’s power become virtually without limit. Surely, anyone who has even a remote understanding should be able to grasp that that is precisely what the Constitution was written to avoid.



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