Comments on: ObamaCare isn’t even Constitutional

By: Terry

Terry — Fri, 09 Oct 2009 17:14:05 +0000

Absolutely. We have clarity, which I prefer, over agreement.

By: anon

anon — Fri, 09 Oct 2009 15:27:28 +0000

And a significant number of people from each and every state in the Union want to participate in a public healthcare option (just like they do with Medicare) then they will. And the courts will let them.

That’s America. Enjoy it.

By: Terry Crowley

Terry Crowley — Fri, 09 Oct 2009 11:59:25 +0000

Notice this writers respect of the Constitution in toto is nearly nil.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

That is the entirety of the Tenth Amendment. Subtle, isn’t it.

So, the writer is going to try to argue that trying to control 1/6th of the economy is a welfare program that the people can’t do themselves.

One, its false. Two, welfare isn’t mandatory. Three, it has no power to coerce the states to abide. New Hampshire wants to ditch a helmet law and say screw off to highway funds, it does. Arizona wants to say screw off to health care mandates, it will. California wants to say “screw the Commerce clause”, we’ll do what we want with marijuana, it will.

That’s America. Enjoy it.

By: anon

anon — Fri, 09 Oct 2009 03:29:07 +0000

“…any power not specifically enumerated are reserved to the several states”

Oh really;

“All legislative Powers herein granted shall be vested in a Congress of the United States…”

and

“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…”

The courts have consistently interpreted and held that a program like Medicare fits within Congress’ power to provide for the “general Welfare” of the country. Yes, the entire country.

By: Terry Crowley

Terry Crowley — Fri, 09 Oct 2009 02:48:53 +0000

You’re ignorant of the Constitution and the facts. Government doesn’t spend the majority of that money on Health Care, people do. People are not the Federal Government, they are the several states. And any power not specifically enumerated are reserved to the several states.

Just because you say it “aint a state issue” doesn’t make it so. Neither does the Federal government have the power to force states to join in.

Good luck with that.

By: anon

anon — Fri, 09 Oct 2009 02:08:52 +0000

You’re crazy…and you don’t understand the Constitution. The Congress has EXTREMELY wide latitude when it comes to taxing, spending and legislating. Not a single tax or spending act in the last 70 years has been found to exceed the powers of Congress. Oh yeah…that includes Medicare, nationalized healthcare for seniors. With healthcare hitting 16% of GDP and rising, it is Congress that has the Constitutionally proscribed power to enact healthcare reform. That ain’t a state issue.

By: Terry Crowley

Terry Crowley — Fri, 09 Oct 2009 01:19:12 +0000

Auto insurance is mandated by the states Jim. And the same logic that says California can decide what to do about marijuana is the same logic that says it can decide what to do about health insurance, for itself. And so can any other state. In fact, in some states, like Ohio Jim, it is legal to drive without car insurance as long as you have another form of financial responsibility.

http://www.bmv.ohio.gov/financial_responsibility/fr_requirements.htm#Financial Responsibility Requirements

If I had the money, and didnt want to pay insurance if I felt I didnt need it, I would go that route.

By: Jim Benson

Jim Benson — Thu, 08 Oct 2009 21:32:56 +0000

Auto insurance is mandated, if you do not have it your licence can be denied and you can be fined.

What makes health insurance different?

By: Terry

Terry — Thu, 08 Oct 2009 16:10:39 +0000

The reality of states rights in health care are the same as those apply to drug legalization. http://news.yahoo.com/s/ap/20091008/ap_on_re_us/us_marijuana_legalization
This trend in California is promising and will only encourage other states to follow suit wherever the Federal Government oversteps its bounds.

With 15 states opting their citizens out of compulsory health care, how much will “universal coverage” improve?