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Lis Wiehl while on Neil Cavuto: Necessary and proper clause allows Obamacare
3/16/2012 | JOHNWK

Posted on 03/22/2012 4:01:41 AM PDT by JOHN W K

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To: JOHN W K

What makes you think the author of “Restoring the Lost Constitution” would ignore the Framers?


21 posted on 03/22/2012 6:09:44 AM PDT by Jacquerie (No court will save us from ourselves.)
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To: GlockThe Vote

-—These disgusting tyrants and communists are really itching for unrest now.-—

If mandated purchases are added gradually, the public will acquiesce, sad to say. People are no longer trained to reason from first principles, so few people act on principle. Most people now act out of self-interest.

“Concentrated benefits and diffused costs,” as Milton Friedman used to say, is what currently drives legislation.


22 posted on 03/22/2012 6:27:26 AM PDT by St_Thomas_Aquinas (Viva Christo Rey!)
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To: Mouton
I believe it is because in Article III Section 2, the Scotus “shall have appellate Jurisdiction, both as to Law and Fact . . . “

IOW, it can determine the facts of the case as if the lower courts did not exist. Unlike jury trials, Scotus is not limited to considering only that which the plaintiffs/defense bring up.

23 posted on 03/22/2012 6:39:22 AM PDT by Jacquerie (No court will save us from ourselves.)
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To: JOHN W K

Wiehl is correct, although completely wrong when it comes to the intent and meaning the founders put into the Necessary and Proper Clause.

Go back well over 100 years and it’s easy to find multiple cases where Congress and/or the USSC has taken the position N&P basically removed all limitations upon the federal government allowing them to legislate whatever they wish on any given day.

I was more confident on the commence clause argument failing than Necessary and Proper not passing USSC muster.


24 posted on 03/22/2012 6:51:13 AM PDT by Brytani (Liberals - destroying America since 1776)
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To: LibLieSlayer
Oh COOL. Under the necessary and proper clause, we can do ANYTHING!

Communism: Sometimes necessary and proper, right?

Gulags? Well, the Soviet Union found them necessary and proper, so who are we to judge?

Mass genocide of entire classes of Americans? Necessary and proper!

Wow. Just, wow.

25 posted on 03/22/2012 6:58:13 AM PDT by Lazamataz (Shut up and drill.)
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To: LibLieSlayer

I’m wondering when Lis argued a case in front of the SCOTUS?

She always has som BS progressive take on everything.


26 posted on 03/22/2012 7:41:49 AM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: mo

I guess we will all be shouting, “Come and get me... G-man”!

LLS


27 posted on 03/22/2012 7:52:53 AM PDT by LibLieSlayer (WOLVERINES!)
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To: Jacquerie

Thanks for noting that...something missing from my government education!


28 posted on 03/22/2012 8:22:10 AM PDT by Mouton (Voting is an opiate of the electorate. Nothing changes no matter who wins..)
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To: Lazamataz
Yes... this is the final straw... if they force this crap then this republic will split apart. 100 Million of us will never bow down to marx or give up our GOD granted rights... even if I have to die to protect it. Life without Liberty and Freedom is not worth living. DON'T TREAD ON ME!

LLS

29 posted on 03/22/2012 8:26:35 AM PDT by LibLieSlayer (WOLVERINES!)
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To: Georgia Girl 2
Yes, she is a progressive obama voting fox news employee... and o'bloviator voted for him also. I do not have any proof... but I know in my heart that it is the truth.

LLS

30 posted on 03/22/2012 8:34:27 AM PDT by LibLieSlayer (WOLVERINES!)
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To: LibLieSlayer

I think BOR is a closet dem also.


31 posted on 03/22/2012 11:40:50 AM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: LibLieSlayer
Totally off topic, but whenever I see Lis, I'm fixated on her nose!

It's just a strange nose...look at the tip.

32 posted on 03/22/2012 12:15:45 PM PDT by Guenevere (....Whom God calls,... He equips......Press On Santorum!)
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To: JOHN W K

This is utter BS. Does the government have the right to tax at 100% rate all the money above $ 50,000 that an individual earns? Would the Supreme Court agree that this law is right if it passes?


33 posted on 03/22/2012 12:19:31 PM PDT by jveritas (God bless our brave troops)
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To: ALPAPilot; LibLieSlayer
ALPAPilot wrote To quote John Marshall from McCulloch v. Maryland:

Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional

And Justice John Marshall also stated in Gibbons v. Ogden, 1824

State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress.

And Justice Barbour referenced the above case in New York v. Miln, 1837, and confirmed the State’s authority over the subject of health laws:

"Inspection laws, quarantine laws, health laws of every description, as well as laws for regulating the internal commerce of a state and those which respect turnpike roads, ferries, &c., are component parts of this mass."

And finally, almost 100 years later the Supreme Court again confirmed Congress is without power to regulate medical practices in the States!

“Direct control of medical practice in the states is obviously beyond the power of Congress.” ___ Linder v. United States, 1925

JWK

Health care by consent of the governed (Article 5) our amendment process --- tyranny by a majority vote in Congress or a Supreme Court's progressive majority vote

34 posted on 03/22/2012 12:36:14 PM PDT by JOHN W K
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To: Guenevere

I’ll check it out.

LLS


35 posted on 03/22/2012 12:39:12 PM PDT by LibLieSlayer (WOLVERINES!)
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