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To: Man50D

“The bill on its face is unconstitutional regardless of the content since Article 1 Section 8 does not specifically grant Congress the power to regulate health care.”

I suspect it hurts us to take absurd positions like this. The bill may be unconstitutional; but if so, it is not because “Article 1 Section 8 does not specifically grant Congress the power to regulate health care.” There are likely equal protection problems (the Nelson payoff, among others), and some of the bill likely stretches the interstate commerce clause farther than a moderate Supreme Court can accept.

If all the businesses in your area decided they would not do business with Christians, I doubt you would be saying that “Article 1 Section 8 does not specifically grant Congress the power to regulate” discrimination based on religious principles (which it does not, of course).

By the way, I am convinced that the framers would say that Congress was never intended to have the power to enact Obamacare (or Social Security, for that matter). But, arguing for a Jeffersonian “strict interpretation” today is about as absurd as arguing that the prohibition against cruel and unusual punishment should not ban ear cropping or branding.


41 posted on 12/22/2009 9:35:24 AM PST by olrtex
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To: olrtex
I suspect it hurts us to take absurd positions like this

The Constitution is never absurd. To suggest it is absurd only illustrates how far we have strayed from the Constitution.
48 posted on 12/22/2009 9:39:42 AM PST by Man50D (Fair Tax, you earn it, you keep it! www.FairTaxNation.com)
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To: olrtex
If all the businesses in your area decided they would not do business with Christians, I doubt you would be saying that “Article 1 Section 8 does not specifically grant Congress the power to regulate” discrimination based on religious principles (which it does not, of course).

I would absolutely say that, and would oppose any efforts by the Congress to force businesses to serve Christians.

94 posted on 12/22/2009 10:24:09 AM PST by Sloth (Pray for Obama: Psalm 109:8)
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