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It doesn't work like that. There has to be a case which challenges constitutionality which works it's way through the system. The Supreme Court doesn't just decide that something is unconstitutional in a vacuum.
Wouldn't that be the same for Social Security which is, after all, a form of insurance?
Yes, along with federal mandates for unemployment, welfare, among many others which violate the 10th amendment.
They are allowed to exist because of one line in the Constitution which claims "for the general welfare"
These programs are all for the individual welfare, not general, but no one has ever challenged them in court because one needs jurisdictional authorization..
Granted. Perhaps I should have asked if someone should immediately challenge the Constitutionality of such a Federal law.
I have a feeling that will be coming, need to wait until the plan is actually created first. Until then, one lacks any jurisdiction to challenge a program which does not exist yet..
And if that one is indeed successfully challenged, the rest of the programs will fall like dominos..
Yes, along with federal mandates for unemployment, welfare, among many others which violate the 10th amendment.
They are allowed to exist because of one line in the Constitution which claims "for the general welfare"
These programs are all for the individual welfare, not general, but no one has ever challenged them in court because one needs jurisdictional authorization..
But, of course, a challenge in this area would open a giant political can of worms. Imagine SS being declared unconstitutional. The political fallout would be really scary.
It would seem to me that there is no Constitutional power whatsoever for the Federal Government to make such a mandate.
And what "legal" theory is this based upon? We have mandatory auto insurance. Kookie RW theories.
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