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McCain Says Health Care Bill Would Face Constitutional Challenge
CNS News ^ | 2009-11-06 | Edwin Mora

Posted on 11/06/2009 10:15:58 AM PST by rabscuttle385

(Washington, D.C.) -- Senator John McCain (R-Ariz.) predicted on Thursday that there will be a constitutional challenge to the provision in the health care bill under consideration in Congress that would require all Americans to buy health insurance. According to the Congressional Budget Office, the federal government has never before mandated that Americans purchase any good or service.

When asked by CNSNews.com on Thursday where in the Constitution is Congress given the authority to mandate that people buy health insurance, McCain said, “That is an excellent question and I’m sure that if they pass health care legislation, I think there would be a challenge.”

(Excerpt) Read more at cnsnews.com ...


TOPICS: Constitution/Conservatism; Government; Politics/Elections; US: Arizona
KEYWORDS: 2010; az2010; gopcare; healthcare; mccain; mcinsane; mcrino; obamacare; rinocare; stillarino; teapartyrebellion
McCain cares about the Constitution so much that he helped Feingold attack it!
1 posted on 11/06/2009 10:15:59 AM PST by rabscuttle385
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To: rabscuttle385
Ol’ John aught to know. McCain Feingold was a constitutional disaster!
2 posted on 11/06/2009 10:17:36 AM PST by April Lexington (Study the constitution so you know what they are taking away!)
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To: rabscuttle385

Juan is aware that there is a Constitution? Who knew?


3 posted on 11/06/2009 10:17:54 AM PST by Paladin2
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To: rabscuttle385

All my clocks just stopped...

Yeah John, let’s protect the U.S. Constitution.

And please forget those other times when you attacked it. (until after next November...)

What a fraud!


4 posted on 11/06/2009 10:18:48 AM PST by DoughtyOne (Unseal the lock box containing every document pertaining to Obama's life, TODAY!)
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To: rabscuttle385

Juan pandering for some votes? Don’t think it’ll work this time little man.


5 posted on 11/06/2009 10:19:53 AM PST by albie
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To: rabscuttle385

And Mr. Pipsqueak chimes in.


6 posted on 11/06/2009 10:20:38 AM PST by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: rabscuttle385

What about the state laws requiring auto insurance? Not that I agree with those either. We even have to buy coverage in case we’re hit by an illegal driving without a licence or insurance themselves.


7 posted on 11/06/2009 10:20:38 AM PST by Jackson57
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To: rabscuttle385
Maybe.

Has Medicare ever been challenged? If it has, it would appear that the challenge was repelled.

ML/NJ

8 posted on 11/06/2009 10:22:11 AM PST by ml/nj
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To: rabscuttle385

McLame and his BCRA !?

Bu-wa-ha-haaa.

Social Security was deemed Constitutional because the govt argue it was only a TAX and not insurance or a pension or anything else.

No reason why a totalitarian govt as hospital won`t pass muster the same way.


9 posted on 11/06/2009 10:24:12 AM PST by Para-Ord.45
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To: ml/nj
Has Medicare ever been challenged?

No!

And what's worse...the Republicans are defending it now!

*shakes head*

10 posted on 11/06/2009 10:24:43 AM PST by rabscuttle385 (Purge the RINOs! * http://restoretheconstitution.ning.com/)
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To: rabscuttle385

Senator McCain is beginning to see the light.

In case you’re reading this Senator McCain, the following are also outside the powers of the Federal government:
- owning part of a businees, such as a car manufacturer
- providing healthcare insurance
- mandating retirement savings
- taking taxpayer money to prop up failing financial institutions
- forcing lenders to make loans to high risk home buyers

I could go on...


11 posted on 11/06/2009 10:25:21 AM PST by kidd (Obama: The triumph of hope over evidence)
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To: Jackson57

The state laws regarding auto insurance...only apply to those individuals that own and drive their cars. There is no state law that forces EVERYONE to buy auto insurance.

That is the difference. This bill MANDATES everyone to buy Health Insurance...regardless of your age, health, income, etc. No exceptions.

That is the difference.


12 posted on 11/06/2009 10:26:02 AM PST by Herodes
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To: kidd
Senator McCain is beginning to see the light.

No, he's just facing re-election in 2010.

13 posted on 11/06/2009 10:26:12 AM PST by rabscuttle385 (Purge the RINOs! * http://restoretheconstitution.ning.com/)
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To: Jackson57

You’re not required to buy coverage for yourself - you’re required to buy coverage in case you hit someone else.

And those are fundamentally different, insofar as you don’t have to drive to live.


14 posted on 11/06/2009 10:26:15 AM PST by furquhart (Would it not be easier to dissolve the people and elect another?)
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To: rabscuttle385

OK, then Juan McKook, then I guess we should just pass it and let the SCOTUS strike it down like campaign finance?


15 posted on 11/06/2009 10:27:35 AM PST by anton
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To: Jackson57
What about the state laws requiring auto insurance? Not that I agree with those either. We even have to buy coverage in case we’re hit by an illegal driving without a licence or insurance themselves.

The presumption of those laws is that you are driving on government owned roads thus government can make rules on your prerequisites for using them. If you just want to drive around private property you should need neither a license nor insurance. However the government may have exceeded those limitations in some cases.

16 posted on 11/06/2009 10:28:10 AM PST by KarlInOhio (Any similarity between V and the Obama admin is just that of Obama and any other totalitarian regime)
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To: ml/nj
During a question and answer session yesterday with my conservative Congressman, he stated that Medicare is unconstitutional.

I'm sure glad the critters in DC are looking out for us and the constitution!

17 posted on 11/06/2009 10:28:25 AM PST by alice_in_bubbaland (Markets and Marxists Don't Mix! Audit the FED NOW!)
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To: kidd
Senator McCain is beginning to see the light.

Only because he's running for re-election.

18 posted on 11/06/2009 10:29:19 AM PST by Night Hides Not (If Dick Cheney = Darth Vader, then Joe Biden = Dark Helmet)
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To: KarlInOhio

If you don’t drive, you don’t have to buy auto insurance.

Everyone must buy into the proposed HC plan.


19 posted on 11/06/2009 10:29:19 AM PST by Herodes
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To: Jackson57

Yes, we must buy auto insurance, but it’s for the other guy
in the accident.
I, however, am not required to buy collision insurance for my car.


20 posted on 11/06/2009 10:33:26 AM PST by gigster
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To: Jackson57

If you don’t want to drive...you don’t have to. I know lots of Mennonites in Tennessee who don’t drive but ride a buggy....you don’t see mandatory buggy insurance required....now do you?

This is just one legal challenge of hundreds. Even if passed....2013 can come and the Supreme Court will have various cases to stall it for two or three years until this is settled.


21 posted on 11/06/2009 10:35:25 AM PST by pepsionice
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To: rabscuttle385

John who?


22 posted on 11/06/2009 10:39:23 AM PST by 556x45
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To: rabscuttle385
"Has Medicare ever been challenged?"

Come on folks, wake up. Yes. Medicare was challenged. It went to the Supreme Court. The Administration defended it as being constitutional by insisting it was A TAX not a PENSION PLAN - exactly the opposite of the position they took selling it to the public.

This is the same "Defense" they will use in this challenge. The only hope is that a challenge can keep it from going into effect until it can be repealed after 2010.
23 posted on 11/06/2009 10:39:37 AM PST by crescen7 (game on)
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To: Night Hides Not

That’s a point: is anyone worthwhile set to run against this guy in his primary? It’d really be nice to see him put out to pasture, once and for all...


24 posted on 11/06/2009 10:43:34 AM PST by paladinan (Rule #1: There is a God. Rule #2: It isn't you.)
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To: Herodes
"Everyone must buy into the proposed HC plan."

Even if they can't afford it?

sw

25 posted on 11/06/2009 10:46:09 AM PST by spectre (Spectre's wife ) (O no you can't)
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To: April Lexington

I do not trust McCain.

This is the load of garbage sent with CFR. “trust us the court will overrule it”. Let us pass this for political face.

Utter garbage.

I do not trust McCain.

I do not trust the ALLEGED leadership of the Republican Party.

The senate is too country club to have our RE-earned out trust.

The fact McCain is pushing this only proves, DO NOT TRUST McCAIN.


26 posted on 11/06/2009 10:46:30 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Jackson57

They only mandate it if you wish to drive your car on the road. There is no penalty not to have insurance if you do not go on the road. Also, you are not required to cover yourself or your car. You must have coverage to cover others (in your car) or other peoples property and person if you cause an accident.

Not mandatory! I really hate that this car insurance stuff keeps coming up. And states are allowed to do this, government is not. Rhode Island drivers are not required to have insurance.


27 posted on 11/06/2009 10:53:09 AM PST by jcsjcm (American Patriot - follow the Constitution and in God we Trust - Laus Deo)
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To: Jackson57

“What about the state laws requiring auto insurance?”

1. State government vs. fed government.
2. No car, no requirement.
3. Requirement is for liability ins not for car care.


28 posted on 11/06/2009 10:56:11 AM PST by CSM (Business is too big too fail... Government is too big to succeed... I am too small to matter...)
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To: rabscuttle385
I'm so confused.

Ozero says he backs the House bill...but he also said he's against raising taxes which the House bill does by mandating insurance.

But doesn't this make Zero a liar? How could this be?

29 posted on 11/06/2009 10:56:19 AM PST by what's up
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To: longtermmemmory
John McCain And Ralph Feingold denied the NRA and other legitimate interest groups the right to exercise their First Amendment rights of free political speech within 90 days of a Federal election... We should trust John McCain???????
30 posted on 11/06/2009 10:57:10 AM PST by April Lexington (Study the constitution so you know what they are taking away!)
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To: rabscuttle385

It better!


31 posted on 11/06/2009 10:59:38 AM PST by b4its2late (Before you can control a horse, you have to break it. Sound familiar?)
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To: rabscuttle385

“That is an excellent question and I’M SURE that if they pass health care legislation, I THINK there would be a challenge.”

What I want to know is why wasn’t it challenged before
they even try to pass the legislation? How can you PASS something that is not constitutional? I love how he uses
I’M SURE in the passing part and then I THINK in the
challenge part.


32 posted on 11/06/2009 11:11:24 AM PST by savage woman
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To: April Lexington

Russ Feingold in a Senator from Wisconsin. Ralph Feingold paints houses in Orlando.


33 posted on 11/06/2009 11:24:54 AM PST by MARTIAL MONK (I'm waiting for the POP!)
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To: rabscuttle385

Didn’t he hear Polousy’s “Are you serious? Are you serious”


34 posted on 11/06/2009 11:38:25 AM PST by vpintheak (4-times an extremist)
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To: rabscuttle385

McCain knows nothing about the Constitution, if he did, he never would have co-sponsored the Incumbent Protection Campaign Finance for Elitist Incumbents Act.


35 posted on 11/06/2009 11:38:53 AM PST by gorilla_warrior (Metrosexual hairless RINOs for hopey-changey bipartisan-ness)
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To: longtermmemmory
The important thing to understand about CFR is that it's not a Democrat vs Republican, or even a conservative vs liberal, issue.

It's a lifelong incumbents vs the rest of America issue.

Which is why so many Republicans supported it.

36 posted on 11/06/2009 12:05:40 PM PST by Notary Sojac (Goldman Sachs is Obama's Halliburton)
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To: rabscuttle385

Yep..Ol’ Johnny boy will use this as his excuse for voting for the health care bill...


37 posted on 11/06/2009 12:18:13 PM PST by Getsmart64
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To: rabscuttle385
McCain cares about the Constitution so much that he helped Feingold attack it!

Knock me over with a feather.

38 posted on 11/06/2009 1:03:01 PM PST by neverdem (Xin loi minh oi)
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