Posted on 12/14/2010 1:47:37 AM PST by The Raven
Only a few months ago, the White House and its allies on the legal left dismissed the constitutional challenges to ObamaCare as frivolous, futile and politically motived. So much for that. Yesterday, a federal district court judge in Virginia ruled that the health law breaches the Constitution's limits on government power.
In a careful 42-page ruling, Judge Henry Hudson declared that ObamaCare's core enforcement mechanism known as the individual mandate—the regulation that requires everyone to purchase health insurance or else pay a penalty—exceeds Congress's authority to regulate the lives of Americans.
"The unchecked expansion of congressional power to the limits suggested by the Minimum Essential Coverage Provision [the individual mandate] would invite unbridled exercise of federal police powers," Judge Hudson writes. "At its core, this dispute is not simply about regulating the business of insurance—or crafting a scheme of universal health insurance coverage—it's about an individual's right to choose to participate."
(Excerpt) Read more at online.wsj.com ...
Definitely good for the country, the best sign of “real” hope since the idiot lied at his presidential swearing in ceremony.
The battle has just begun.
“The core issue is whether the federal government can order individuals to do anything the political class decides it wants them to do. The stakes couldn’t be higher for our constitutional order.”
unbridled exercise of federal police powers PING
The British Parliament had the unfettered power to make any law it liked. The Founders rejected the premise and insisted Congress has a few enumerated powers and has no general power of legislation. It can only carry the objects on which it is authorized to legislate into effect but it cannot claim the power to legislate outside of the powers specifically granted to it by the Constitution. And if it can, the enumerated powers loses all meaning as a concept.
Unfortunately there’s only one court that counts, in this case.
>>Unfortunately there’s only one court that counts, in this case
True...and it will come down to Kennedy. It would be nice to have a unanimous decision, but the continued saga of the Left vs. the US Constitution demands the non-thinking members of the court fall in line for this one.
The Supreme Court will have to decide if Congress has a general police power. It isn’t mentioned in the Constitution. But if its upheld, there would be no limits to what Congress could order Americans to do.
Thank God!!
I’m beginning to breathe a little easier already.
My prayers up for more legal defeats of zerocare.
>>The Supreme Court will have to decide if Congress has a general police power
Mark Levin said last night that we should abolish the Supreme Court if it continues to simply invent ways to fit new Federal powers into law and defeat federalism.
He’s right! Why do we need a written Constitution if it means nothing?
They will give you an offer you can’t refuse. Just like Social Security and a Driver License.
I think that Zero dissing the Supreme court in his first state of the union address is going to come back to haunt him!
Obamacare is simply a tax on existence.
The penalty for not participating is “not a tax”. Okay, whatever you want to call it but I’m not buying it and I certainly would not voluntarily pay the government for not buying it. I suppose they plan on the IRS being able to garnish the wages of those who would not be in compliance and those are what I call fighting words.
:)
I hope so.
still going to be a long fight.
I do not know why these folks would think this bulls*it would fly anyway. Anyone figured that one out????
“I do not know why these folks would think this bulls*it would fly anyway. Anyone figured that one out????”
All I can think of is that they’re just following orders...
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