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Constitutionality of Planned Parenthood Defunding Plans
Canada Free Press ^ | 08/29/15 | Douglas Gibbs

Posted on 08/29/2015 4:12:09 AM PDT by Sean_Anthony

Kick the federal government out of their State in regards to Planned Parenthood, abortion, any and all health services, health programs, health care, or health insurance intrusions

Radio Host Dave Levine, a host on KMET 1490 AM on Monday, wrote on his blog, “Arkansas is the fourth state to terminate such contracts with the Feds—New Hampshire, Alabama and Louisiana are the others. By this time next year, 30-plus states will have stopped funding the baby killer company.”

Mr. Levine was referring to Arkansas Governor Asa Hutchinson’s decision to order his State’s Department of Human Services to terminate the Medicaid contract with Planned Parenthood. Dave asked me in an email, “Isn’t what Hutchinson is doing illegal?”

It is illegal, if you mean “illegal” in the sense of what is illegal from the point of view of the federal government. From their point of view, Hutchinson is in direct defiance of federal law. However, from the point of view of the Constitution, the Arkansas governor is doing exactly what he is constitutionally entitled to do.


TOPICS: Government; Health/Medicine; Politics; Society
KEYWORDS: constitution; defunding; medicaid; plannedparenthood

1 posted on 08/29/2015 4:12:09 AM PDT by Sean_Anthony
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To: Sean_Anthony

I look at this from a totally different perspective. Before these ghouls declare State PP Defunding unconstitutional, they first have to prove to me beyond all doubt that the original funding was Constitutional (at the mandate of the Federal Government) in the first place.

It is high time to stop being on the defense about basic human morality. These actions by PP are an affront to human nature and natural order itself, especially under a founding document that purports to affirm the natural rights (to me, God-given) of all.


2 posted on 08/29/2015 4:42:52 AM PDT by Gaffer
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To: Sean_Anthony

The states are not on totally constitutional grounds on this. They took the Title X, (etc), funds with all the strings attached. This is contract law 101. The Feds can withhold the funds, which I think is good for the states so that they cut the Fed strings. Some funds that the Feds want to withhold may not be legal for them to withhold, but that will be up to the courts to determine.


3 posted on 08/29/2015 4:57:08 AM PDT by usnavy_cop_retired (Retiree in the P.I. living as a legal immigrant)
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To: usnavy_cop_retired

I’ve always wondered how ANY private organization can think they’re somehow entitled to taxpayer money.


4 posted on 08/29/2015 5:02:42 AM PDT by mkmensinger
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To: Sean_Anthony

It is not and can not be unconstitutional for congress to NOT fund an item that is not listed in the constitution as a power/responsibility of congress in the first place.


5 posted on 08/29/2015 5:04:34 AM PDT by WayneS (Yeah, it's probably sarcasm...)
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To: WayneS

Is there a way to rephrase this so it is not a quadruple negative?


6 posted on 08/29/2015 5:19:35 AM PDT by verga (I might as well be playng chess with pigeons.)
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To: Sean_Anthony

A strict reading of the Constitution would find absolutely no authority for giving money to PP. As the Constitution is written, that which is not authorized is prohibited to the Federal government.


7 posted on 08/29/2015 5:49:18 AM PDT by arthurus (It's true.)
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To: usnavy_cop_retired

Yitle X funds are patently unConstitutional in the first place. There is no authority for such funds in the Constitution. The Constitution delineates what the Congress CAN do and everything else is forbidden or reserved to the States or the People. The Constitution does not authorize these funds transfers.


8 posted on 08/29/2015 5:51:56 AM PDT by arthurus (It's true.)
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To: arthurus

As the Supreme Court said in the ACA case, the Congress can establish a program and give the states a choice to join or not, (think Medicare expansion). The states can not be coerced into accepting the terms of the program but once they agree to take the money they are stuck with the rules attached. If the states voluntarily accept the program it is not unconstitutional. I think that no state should get involved in these programs and instead demand that the Feds send the money back to the states to use as they see fit.


9 posted on 08/29/2015 6:28:56 AM PDT by usnavy_cop_retired (Retiree in the P.I. living as a legal immigrant)
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To: usnavy_cop_retired

It is unconstitutional because there is no provision in the Constitution for offering the money to the States in the first place.


10 posted on 08/29/2015 8:46:44 AM PDT by arthurus (It's true.)
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To: verga

It is not a quadruple negative, it is a triple negative, and it says exactly what I wanted it to say.


11 posted on 08/29/2015 4:44:39 PM PDT by WayneS (Yeah, it's probably sarcasm...)
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To: usnavy_cop_retired

You trust that the supreme court’s decisions regarding the ACA are correct? Really?


12 posted on 08/29/2015 4:49:48 PM PDT by WayneS (Yeah, it's probably sarcasm...)
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To: WayneS

Fine, Triple, what the hell does it even mean?


13 posted on 08/29/2015 5:49:49 PM PDT by verga (I might as well be playng chess with pigeons.)
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To: verga

Your lack of reading comprehension skills is not my problem.


14 posted on 08/30/2015 6:04:11 AM PDT by WayneS (Yeah, it's probably sarcasm...)
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To: WayneS

My comprehension is fine, on the other hand your lack of composition skills is lacking.


15 posted on 08/30/2015 7:25:53 AM PDT by verga (I might as well be playng chess with pigeons.)
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