ObamaCare and the Limits of Government

The Wall Street Journal, DavidRivkin.com ^ | 11/15/2011 | David B. Rivkin Jr. and Lee A. Casey

[Martin_Schmidt]

Under our Constitution's system of dual sovereignty, only states have the authority to impose health and safety regulations on individuals simply because they are present. The Supreme Court has ruled many times that the Constitution denies to the federal government this type of "general police power." Federal legislation must be grounded in one of the "enumerated" powers the Constitution grants to Congress—such as the power to regulate interstate commerce. Although the Supreme Court has interpreted that power broadly (especially since the 1940s), it has consistently held that the Commerce Clause has limits.

[Martin_Schmidt]

They should've listened to Rivkin and Casey earlier in this never-ending process. Now we have wasted how many millions in the implementation of this thing? All of which might be for naught depending on SCOTUS ruling.

[RexBeach]

Right! Don’t count on the Supremes to do the right thing with the ObamaCare nightmare.

[The Great RJ]

I have my fingers crossed that the SCOTUS will strike down Obamacare as I do not feel Congress even with fresh faces in 2012 will have the guts to repeal it and we may thus be on track for complete socialized medicine.

[b4its2late]

I don’t have a warm and fuzzy about any of this.

[upchuck]

Last two sentences from the article:

When asked about these constitutional issues before the law was enacted, then-House Speaker Nancy Pelosi simply sneered, "Are you serious?" At this point it is safe to say, yes we are.

Bang!

[RexBeach]

Me neither.

This is not going to be a walk in the park.

This is a superb example of why Mr. Obama has to go, and the pubbies take back the Senate.

Then they KILL the law. While it exists, we are all in danger, and in turn, the nation.

[veracious]

Agree w/ Wall Street Journal; thank you WSJ; please remain sane WSJ!

[DJ MacWoW]

Stop Goofing Off And Donate

Click The Pic

[american_steve]

I love how in a previous WSJ article Rivkin got to the bottom of this mess: “Congress cannot use its power under the Commerce Clause to eliminate distinctions between national and local authority, reducing the states to administrative units that implement federal policies and programs.” AMEN.