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Old 09-04-2009, 02:45 PM
 
Location: San Diego, CA
10,581 posts, read 9,282,801 times
Reputation: 4167

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The Democrats' proposed govt-run health care program, is completely unconstitutional.

The Constitution, of course, created the Federal govt we have today, and gave it all its powers, taking those powers away from the states and the people. And the 10th amendment says that any power that is not explicitly given to the Fed govt by the Constitution, is forbidden to the Fed, but can be exercised by the states etc. if they want to.

Of course, the list of things the Fed govt is currently doing, that are not assigned it by the Cosntitution, is long and growing longer. And running Health Care is one of those things, just a sunconstitutional as the rest.

Now that we are doing so many unconsittutional things, the govt will have quite a problem on its hands, now that this unconstitutionality is becoming clearer.

But that aside, we should at least try not to add to the list.

Big-govt politicians have been twisting themselves into pretzel shapes, trying to "interpret" various passages in the Constitution and pretend they mean things the writers never intended, from the Commerce Clause to the so-called "Welfare Clause" to even the Preamble. But things have gotten so far out of hand, that today Barack Obama, supposedly a Constitutional scholar, doesn't even bother pretending any more, but simply bulls ahead and makes grandiose plans for extending Federal reach over everything from bank bailouts to energy caps to health care.

It's time for that to stop.
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Old 09-04-2009, 02:46 PM
 
Location: OB
2,404 posts, read 3,776,577 times
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I thought there was a part of the Constitution which prohibits the gov't from making us buy anything.
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Old 09-04-2009, 02:47 PM
 
Location: North Side of Indy, IN
1,963 posts, read 2,589,307 times
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Quote:
Originally Posted by Little-Acorn View Post
Is the Dems' govt-run Health Care program unconstitutional?
No.
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Old 09-04-2009, 02:50 PM
 
Location: The ends DO NOT justify the means!!!
4,782 posts, read 3,554,231 times
Reputation: 1336
Yes.

It is definitely a State issue, although I wouldn't be that happy with a state that considered such engineering either.
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Old 09-04-2009, 02:50 PM
 
31,367 posts, read 35,267,821 times
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The silence is deafening, not even a 10th Amendment cut and paste! The boys and girls must be taking their naps.
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Old 09-04-2009, 03:01 PM
 
Location: San Diego, CA
10,581 posts, read 9,282,801 times
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Quote:
Originally Posted by ovcatto View Post
The silence is deafening, not even a 10th Amendment cut and paste! The boys and girls must be taking their naps.
Why, ovacatto? What does the 10th amendment say, and how does it apply to Fed-govt-run Health Care?
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Old 09-04-2009, 03:03 PM
 
Location: Santa Monica
4,712 posts, read 8,166,628 times
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A better question is: why isn't the national market for private health insurance subject to antitrust prosecution?
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Old 09-04-2009, 03:04 PM
 
Location: Austin, TX
1,065 posts, read 1,659,028 times
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Yes,I believe so. Under the "reserve clause" of the Constitution (the 10th Amendment) powers not specifically granted to the federal government are reserved for the states or the people. I believe that the federal government forcing citizens to buy health insurance violates the "reserve clause."

That being said the Supreme Court disagreed with my opinion in 1936 when they ruled that social security did not violate the "reserve clause."

I agree with the dissenting judges in the 1936 rulings, but what can you do.
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Old 09-04-2009, 03:11 PM
 
Location: Central Maine
4,697 posts, read 6,090,558 times
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Quote:
Originally Posted by Little-Acorn View Post
Is the Dems' govt-run Health Care program unconstitutional?
No.
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Old 09-04-2009, 03:55 PM
 
615 posts, read 1,623,362 times
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The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

Has the argument ever been made regarding the clause "general welfare"? I am by no means an expert on the Constitution but I would say that there is a very good case for healthcare being the general welfare.
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