Boppin' Along

Would you like to react to this message? Create an account in a few clicks or log in to continue.
Boppin' Along

Forum for earth sensitives, world events, disasters, dreams, prophecies, visions, predictions.. everything and anything welcome here!


3 posters

    Health Care Law unprecedented and Unconstitutional

    Dreemz
    Dreemz


    Posts : 105
    Join date : 2010-02-17

    Health Care Law unprecedented and Unconstitutional Empty Health Care Law unprecedented and Unconstitutional

    Post  Dreemz Mon 05 Apr 2010, 3:34 pm

    Opinion
    Debate: Health Care Law Is Unprecedented and Unconstitutional
    www.aolnews.com

    Bill McCollum
    Special to AOL News
    (April 5) -- In late March, Florida, along with a dozen other states, asked the federal courts to measure the new health care law against the Constitution's requirements. In the simplest of terms, this new law is an unprecedented and unconstitutional expansion of federal power that will cost Florida taxpayers billions of dollars.

    Florida Attorney General Bill McCollum
    Phil Coale, AP
    Florida Attorney General Bill McCollum supports a multi-state legal challenge to the new federal health care law.
    For the first time in our nation's history, we have a law that will impose federal regulation on every adult American by mandating that they obtain health insurance for themselves and their dependents. This is a tax simply on living. It is a legislative power the framers of our Constitution deliberately denied to the federal government and specifically reserved to the states by the 10th Amendment.

    Our legal challenge to this legislation is not based only on the economic harm it will do to Florida and our citizens, although that harm will be very significant. It is a determined effort to restore a proper balance between Washington, D.C., and the states in our federal system.

    The Founding Fathers divided power between the federal government and the states to guarantee the people's fundamental liberties. They refused to give a general lawmaking power, like that vested in the states, to the federal government.

    Instead, the Founding Fathers granted the federal government certain specific, "enumerated" powers. As James Madison explained in the Federalist Papers, the federal government "is not to be charged with the whole power of making and administering laws. Its jurisdiction is limited to certain enumerated objects, which concern all the members of the republic."

    ________________________

    OPPOSING VIEW

    Lawsuits to block the health care law may make for good Sarah Palin-style “tea party” politics, but they are based on questionable legal principles, says Kentucky Attorney General Jack Conway.

    ________________________
    Although federal power has been increasingly exercised more broadly since the Constitution was adopted, this fundamental principle has never been abandoned. The U.S. Supreme Court, in particular, has reaffirmed this tenet of American government again and again, ruling that Congress' legislative power must be exercised within accepted constitutional limits. This is especially true of federal social and economic regulation undertaken pursuant to the Constitution's Commerce Clause, which gives Congress the authority to regulate foreign and interstate commerce. Under this provision, Congress' reach extends to purely local activities by individuals within one state, but only where those actions can be said to have a "substantial effect" on interstate commerce.

    The new health care law goes far beyond these recognized limitations. Mandating that every American obtain an approved form of health insurance does not regulate commercial or economic activities of any kind. Rather, it imposes an affirmative obligation on each individual, regardless of any activity in which he or she engages. This is the very kind of legislative authority that the Constitution reserves to the states alone. In other words, Congress has gone out of bounds and usurped state authority, making decisions about the delivery and consumption of health care services that should be made by the states or by individuals and families for themselves.

    Furthermore, the law will require each of the states -- including Florida -- to dedicate an ever-increasing amount of state resources to carrying out the new federal requirements. Medicaid, for example, will be expanded far beyond any foreseeable reach the program had when it was adopted more than 40 years ago. Today, Medicaid consumes 26 percent of Florida's state budget. Under the new health care law, more than a million additional beneficiaries will qualify for Medicaid coverage -- which must be funded by taxpayers. Florida's own Agency for Health Care Administration estimates that, overall, this law will cost the state more than a billion additional dollars annually by 2019.

    As the U.S. Supreme Court said in one leading case brought by New York against the federal government (which challenged a law establishing how states must deal with certain radioactive waste products), "States are not mere political subdivisions of the United States. State governments are neither regional offices nor administrative agencies of the federal government." As a result, the court ruled, Congress "may not conscript state governments as its agents."

    We are confident that the courts will find that Congress has exceeded its legitimate authority and declare the health care law to be unconstitutional and invalid.

    There are many different ways Congress can reform the American health care system, but it must do so in a lawful and constitutional manner.

    Bill McCollum is the attorney general for the state of Florida.
    Filed under: Opinion
    Calibabe
    Calibabe
    Admin


    Posts : 226
    Join date : 2010-02-17
    Location : Northridge CA

    Health Care Law unprecedented and Unconstitutional Empty Re: Health Care Law unprecedented and Unconstitutional

    Post  Calibabe Wed 07 Apr 2010, 6:44 pm

    I am having to read this "law" and it is enough to give anyone a massive migraine. I can only read about 200 pages or so a day before it makes your brain go to mush.

    The one thing that everyone must know is that it is a "public option". On page 116, Subtitle B-"Public Health Insurance Option".

    Now we were all told that there would be no "public option" but it is in there.

    Hopefully with all of the people that are really good Constitutional lawyers in this country they will be able to find something that they can challenge that will have the courts rule that this entire fiasco is unconstitutional. It will be a horrible, horrible mess if it is not.

    Maybe with Obama calling out the Supreme Court like he did during his state of the union will come back to bite him square in his ass when they have to make a ruling on the constitutionality of this bill.
    LeeRutland
    LeeRutland


    Posts : 9
    Join date : 2010-04-27

    Health Care Law unprecedented and Unconstitutional Empty Re: Health Care Law unprecedented and Unconstitutional

    Post  LeeRutland Tue 27 Apr 2010, 4:04 pm

    Calibabe wrote:Maybe with Obama calling out the Supreme Court like he did during his state of the union will come back to bite him square in his ass when they have to make a ruling on the constitutionality of this bill.

    You read my mind.
    I have thought the very same thing.
    I think that Obama slightly overreached himself with his arrogant treatment of the Justices during his state of the union address.

    Sponsored content


    Health Care Law unprecedented and Unconstitutional Empty Re: Health Care Law unprecedented and Unconstitutional

    Post  Sponsored content


      Current date/time is Thu 28 Mar 2024, 3:42 pm