The Constitution and Obama Care

[usmcstinger]

Where in the Constitution is the Executive Branch given the power to dictate what types of Health Insurance Coverage a citizen most have?
Whats next Car Insurance, Boat Insurance, Life Insurance, Home Insurance?

10th Amendment to the Constitution
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.

In the Supreme Court, there have been very few cases that use the Tenth Amendment to call a law unconstitutional. The only times the Court has done this is in situations where the Federal government forces a state to follow their laws. However, in 1996, a Justice said that Congress can try to make a state follow a law by setting certain laws that may involve commerce or spending power, but Congress cannot force a state to follow federal laws.
http://kids.laws.com/tenth-amendment

 

[Mr. H.]

It's Obamatime. Do what I do. Drink heavily.

 

[TNHarley]

^^^^ that guy... that guy gets it LOL

 

[C_Clayton_Jones]

Where in the Constitution is the Executive Branch given the power to dictate what types of Health Insurance Coverage a citizen most have?
Whats next Car Insurance, Boat Insurance, Life Insurance, Home Insurance?

10th Amendment to the Constitution
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.

In the Supreme Court, there have been very few cases that use the Tenth Amendment to call a law unconstitutional. The only times the Court has done this is in situations where the Federal government forces a state to follow their laws. However, in 1996, a Justice said that Congress can try to make a state follow a law by setting certain laws that may involve commerce or spending power, but Congress cannot force a state to follow federal laws.
Tenth Amendment

Where do conservatives get their contempt for the truth?

Otherwise, the ACA is Constitutional:

NATIONAL FEDERATION OF INDEPENDENT BUSINESS v. SEBELIUS | Supreme Court | LII / Legal Information Institute

The Constitution, along with its Amendments, exists only in to context of its case law.

To cite the 10th Amendment, for example, absent its jurisprudence, is both ignorant and pointless.

Last, Article VI of the US Constitution makes supreme Federal laws, and the decisions of Federal courts, as states and other jurisdictions are indeed subject to Federal law. See: Cooper v. Aaron (1958).

 

[Ava]

It's Obamatime. Do what I do. Drink heavily.

 

[Katzndogz]

The Constitution and obama are not on speaking terms.

 

[Procrustes Stretched]

Where in the Constitution is the Executive Branch given the power to dictate what types of Health Insurance Coverage a citizen most have?
Whats next Car Insurance, Boat Insurance, Life Insurance, Home Insurance?

Covered here...

The Supreme Court majority and Chief Justice Roberts laid it all out.
There are links to the oral arguments in the thread. You may want to learn wtf you are talking about first

http://www.usmessageboard.com/healt...-facts-and-history-and-constitutionality.html

 

[flacaltenn]

How the SC rules on laws generated from a 21st century Congress no longer matters. Because Congress no longer writes law. It simply delegates POWER OF LAW to it's bureaucracy..

Here -- lemme write you a 21st Century Law on "Sparking on Federally Held Lands"
+++++++++++++++++++++++++++++++++++++++++++++++
Art 1 Sec 1 --- The definitions and rules pertaining to "Sparking on Federally Held Land" shall be determined by the Secretary of the Interior.

Art 2 Sec 1 --- The Secretary may utilize resources from the EPA, the DOJ, and the OMB as required to complete the implementation of this task..

Art 2 Sec 2 --- The date of implementation shall be Aug 1, 2015 and no further rule changes may be made after that date without the further legislative approval.
+++++++++++++++++++++++++++++++++++++++++++++++

That's it. That's why Nancy Pelosi said that "we have to pass the law before we can tell what's in it".. This is why our financial system is frozen in fear whilst Dodd-Frank legislation is STILL being defined and written. And its how a 900 page "hall pass" for the Sec. of HHS turns into a goliath 10,000 page volume of regulation. The BULK OF WHICH was never approved by Congress or REVIEWED by the SCourt.

Congress is clueless, the Prez is clueless and there's not a prayer in hell that anyone in the public or the media can tell what's going on.. Legislation has morphed into a rejection of responsibility by Congress and a running battle as it evolves over periods of YEARS..

It's also politically expedient. Because Congress now doesn't HAVE TO SPELL out law.. Thus insuring the vital "deniability" that they have always sought. And we're giving them a complete pass on this laziness and self-dealing.

We are truly screwed...

 

[regent]

On some bills the president is given the power to fill in the blanks. The first such bill I was aware of was the second bill sent to FDR in 1933. It was the power to balance the budget and FDR was given the power to make most of the decisions. A most interesting bill.

 

[Procrustes Stretched]

Where in the Constitution is the Executive Branch given the power to dictate what types of Health Insurance Coverage a citizen most have?
Whats next Car Insurance, Boat Insurance, Life Insurance, Home Insurance?

...

What would the argument be? Go ahead, tell us?

From http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf :

"Construing the Commerce Clause to permit Congress to regulate individuals precisely because they are doing nothing would open a new and potentially vast domain to congressional authority. Congress already possesses expansive power to regulate what people do. Upholding the Affordable Care Act under the Commerce Clause would give Congress the same license to regulate what people do not do. The Framers knew the difference between doing something and doing nothing. They gave Congress the power to regulate commerce, not to compel it. Ignoring that distinction would undermine the principle that the Federal Government is a government of limited and enumerated powers. The individual mandate thus cannot be sustained under Congress’s power to “regulate Commerce.” "

 

[Procrustes Stretched]

How the SC rules on laws generated from a 21st century Congress no longer matters. Because Congress no longer writes law. It simply delegates POWER OF LAW to it's bureaucracy..

Here -- lemme write you a 21st Century Law on "Sparking on Federally Held Lands"
+++++++++++++++++++++++++++++++++++++++++++++++
Art 1 Sec 1 --- The definitions and rules pertaining to "Sparking on Federally Held Land" shall be determined by the Secretary of the Interior.

Art 2 Sec 1 --- The Secretary may utilize resources from the EPA, the DOJ, and the OMB as required to complete the implementation of this task..

Art 2 Sec 2 --- The date of implementation shall be Aug 1, 2015 and no further rule changes may be made after that date without the further legislative approval.
+++++++++++++++++++++++++++++++++++++++++++++++

That's it. That's why Nancy Pelosi said that "we have to pass the law before we can tell what's in it".. This is why our financial system is frozen in fear whilst Dodd-Frank legislation is STILL being defined and written. And its how a 900 page "hall pass" for the Sec. of HHS turns into a goliath 10,000 page volume of regulation. The BULK OF WHICH was never approved by Congress or REVIEWED by the SCourt.

Congress is clueless, the Prez is clueless and there's not a prayer in hell that anyone in the public or the media can tell what's going on.. Legislation has morphed into a rejection of responsibility by Congress and a running battle as it evolves over periods of YEARS..

It's also politically expedient. Because Congress now doesn't HAVE TO SPELL out law.. Thus insuring the vital "deniability" that they have always sought. And we're giving them a complete pass on this laziness and self-dealing.

We are truly screwed...

try making sense and explaining how this rant pertains to the PPACA

 

[Procrustes Stretched]

On some bills the president is given the power to fill in the blanks. The first such bill I was aware of was the second bill sent to FDR in 1933. It was the power to balance the budget and FDR was given the power to make most of the decisions. A most interesting bill.

Administrative law and actions. You pass an environmental law...who is going to administer the law, the FBI?

 

[flacaltenn]

How the SC rules on laws generated from a 21st century Congress no longer matters. Because Congress no longer writes law. It simply delegates POWER OF LAW to it's bureaucracy..

Here -- lemme write you a 21st Century Law on "Sparking on Federally Held Lands"
+++++++++++++++++++++++++++++++++++++++++++++++
Art 1 Sec 1 --- The definitions and rules pertaining to "Sparking on Federally Held Land" shall be determined by the Secretary of the Interior.

Art 2 Sec 1 --- The Secretary may utilize resources from the EPA, the DOJ, and the OMB as required to complete the implementation of this task..

Art 2 Sec 2 --- The date of implementation shall be Aug 1, 2015 and no further rule changes may be made after that date without the further legislative approval.
+++++++++++++++++++++++++++++++++++++++++++++++

That's it. That's why Nancy Pelosi said that "we have to pass the law before we can tell what's in it".. This is why our financial system is frozen in fear whilst Dodd-Frank legislation is STILL being defined and written. And its how a 900 page "hall pass" for the Sec. of HHS turns into a goliath 10,000 page volume of regulation. The BULK OF WHICH was never approved by Congress or REVIEWED by the SCourt.

Congress is clueless, the Prez is clueless and there's not a prayer in hell that anyone in the public or the media can tell what's going on.. Legislation has morphed into a rejection of responsibility by Congress and a running battle as it evolves over periods of YEARS..

It's also politically expedient. Because Congress now doesn't HAVE TO SPELL out law.. Thus insuring the vital "deniability" that they have always sought. And we're giving them a complete pass on this laziness and self-dealing.

We are truly screwed...

try making sense and explaining how this rant pertains to the PPACA

Of course Dante. I forgot to add the Weekly Reader section to my post..

The ACA was not fully formulated when it passed as a bill. THere are 1000s of references in there delegating authority TO WRITE LAW.. The 900 pages has EXPANDED to multiple THOUSANDS of pages. Not a single CongressCritter nor the Prez has a daily view of the changes that are being written in their names. This is because they WANT IT that way. They have neither the time or expertise or the BRAINS to do that job when they attempt to tackle tasks this difficult. And if difficulties arise --- as they are now with ObamaCare -- they can claim that they had no idea it took that direction and that their INTENT was different. Plausible Deniability. It's the new vitamin of partisian law writing.. See also Dodd Frank as reason why the economic recovery was so slow.

Thus your response to another poster calling this merely "administrative action" is incorrect. The LAW is EVOLVING day by day and it becomes difficult to interpret ANY SCourt decision on these blank check laws because of the moving targets.

 

[B. Kidd]

.........or maybe it was due to Roberts' cognitive impairment??? (stranger things have happened....)


[ame=http://www.youtube.com/watch?v=ivIrpTiDiKM]Obamacare Sustained: Savage on Roberts's epilepic seizure medication as reason for irrationality - YouTube[/ame]

 

[Procrustes Stretched]

How the SC rules on laws generated from a 21st century Congress no longer matters. Because Congress no longer writes law. It simply delegates POWER OF LAW to it's bureaucracy..

Here -- lemme write you a 21st Century Law on "Sparking on Federally Held Lands"
+++++++++++++++++++++++++++++++++++++++++++++++
Art 1 Sec 1 --- The definitions and rules pertaining to "Sparking on Federally Held Land" shall be determined by the Secretary of the Interior.

Art 2 Sec 1 --- The Secretary may utilize resources from the EPA, the DOJ, and the OMB as required to complete the implementation of this task..

Art 2 Sec 2 --- The date of implementation shall be Aug 1, 2015 and no further rule changes may be made after that date without the further legislative approval.
+++++++++++++++++++++++++++++++++++++++++++++++

That's it. That's why Nancy Pelosi said that "we have to pass the law before we can tell what's in it".. This is why our financial system is frozen in fear whilst Dodd-Frank legislation is STILL being defined and written. And its how a 900 page "hall pass" for the Sec. of HHS turns into a goliath 10,000 page volume of regulation. The BULK OF WHICH was never approved by Congress or REVIEWED by the SCourt.

Congress is clueless, the Prez is clueless and there's not a prayer in hell that anyone in the public or the media can tell what's going on.. Legislation has morphed into a rejection of responsibility by Congress and a running battle as it evolves over periods of YEARS..

It's also politically expedient. Because Congress now doesn't HAVE TO SPELL out law.. Thus insuring the vital "deniability" that they have always sought. And we're giving them a complete pass on this laziness and self-dealing.

We are truly screwed...

try making sense and explaining how this rant pertains to the PPACA

Of course Dante. I forgot to add the Weekly Reader section to my post..

The ACA was not fully formulated when it passed as a bill. THere are 1000s of references in there delegating authority TO WRITE LAW.. The 900 pages has EXPANDED to multiple THOUSANDS of pages. Not a single CongressCritter nor the Prez has a daily view of the changes that are being written in their names. This is because they WANT IT that way. They have neither the time or expertise or the BRAINS to do that job when they attempt to tackle tasks this difficult. And if difficulties arise --- as they are now with ObamaCare -- they can claim that they had no idea it took that direction and that their INTENT was different. Plausible Deniability. It's the new vitamin of partisian law writing.. See also Dodd Frank as reason why the economic recovery was so slow.

Thus your response to another poster calling this merely "administrative action" is incorrect. The LAW is EVOLVING day by day and it becomes difficult to interpret ANY SCourt decision on these blank check laws because of the moving targets.

So it's "The end is near!"?

 

[flacaltenn]

try making sense and explaining how this rant pertains to the PPACA

Of course Dante. I forgot to add the Weekly Reader section to my post..

The ACA was not fully formulated when it passed as a bill. THere are 1000s of references in there delegating authority TO WRITE LAW.. The 900 pages has EXPANDED to multiple THOUSANDS of pages. Not a single CongressCritter nor the Prez has a daily view of the changes that are being written in their names. This is because they WANT IT that way. They have neither the time or expertise or the BRAINS to do that job when they attempt to tackle tasks this difficult. And if difficulties arise --- as they are now with ObamaCare -- they can claim that they had no idea it took that direction and that their INTENT was different. Plausible Deniability. It's the new vitamin of partisian law writing.. See also Dodd Frank as reason why the economic recovery was so slow.

Thus your response to another poster calling this merely "administrative action" is incorrect. The LAW is EVOLVING day by day and it becomes difficult to interpret ANY SCourt decision on these blank check laws because of the moving targets.

So it's "The end is near!"?

Pretty much Pal.. That's why I'm making peace with all my radical lefty and righty buds. Because the toilets been flushed and it's a matter of time..



When Congress and Prez DELEGATE that much responsibility --- we don't have a Constitutional Republic anymore.. Because all that delegated power went to Agencies under the nominal control of the Prez.. The new "mr nice Dictator".. And Congress ALREADY had trouble holding them accountable because of Executive protections..

That may sound harsh to you now --- but if your team loses --- you'll be whining like a baby for 4 or more years.. Assuming the new owners of this country allow you to whine.

 

[JakeStarkey]

Where in the Constitution does it tell us that USMCStinger is a constitutional authority?