Posted on 03/14/2011 5:06:18 PM PDT by TopQuark
http://www.JewishWorldReview.com | When the Supreme Court considers whether Congress has the constitutional power to compel individuals to buy health insurance, the argument supporting Congress may rest on a non sequitur and a semantic fiat. A judge's recent ruling argues that the insurance mandate must be constitutional because Obamacare would collapse without it. A forthcoming law review article agrees with this and with the judge's idea that, regarding commerce, being inactive is an activity.
Obamacare does indeed require the mandate: Because the law requires insurance companies to sell coverage to people regardless of their preexisting conditions, many people might delay buying insurance until they become sick. But is the fact that the mandate is crucial to the law's functioning dispositive?
U.S. District Judge Gladys Kessler's ruling that the mandate is constitutional conflates moral, policy and constitutional considerations. She says that people who choose "not to purchase health insurance will benefit greatly when they become ill, as they surely will, from the free health care which must be provided by emergency rooms and hospitals to the sick and dying who show up on their doorstep." So "those who choose not to purchase health insurance will ultimately get a 'free ride' on the backs of those Americans who have made responsible choices to provide for the illness we all must face."
(Excerpt) Read more at jewishworldreview.com ...
I need a Ku Ku Clock to keep up with this.
A judge’s recent ruling argues that the insurance mandate must be constitutional because Obamacare would collapse without it.
Umm...If the mandate is not constitutional, the law is unconstitutional.
Amazing. What “judge” did that?
It was understood both by common use of the word, by the definition of the word, that commerce was synonymous with trade. It had nothing to do with manufactures or agriculture. It was designed to correct a serious defect in the Article of Confederation where the states imposed tariffs on each other, which constricted trade, promoted hostility and an ongoing recession after the Revolutionary War.
Abuse of the innocuous Commerce Clause is prima facie proof that the Constitution is but toilet paper to the Left.
Anyone who thinks Obamacare is Constitutional is either a liar or completely unfamiliar with the topic.
It is not only un-Constitutional - it is ANTI- Constitutional - against the entire concept of a federal government of limited powers.
Quit posting everything in Front Page!
Do lawyers like the Obamacare?
If inactivity is an activity; wouldn’t Non-payment be a payment?
Will does good job in his short column. The basic argument he makes against the government’s use of the “necessary and proper” clause is the same that James Madison used against the The First Bank of the United States in 1791.
Our Constitution is timeless because human nature is static. So is tyranny.
Well said and worth repeating.
BTTT>
The Judge is basically saying that Obama’s eligibility must be constititional because we voted for him. Obamacare must be constitutional because it came has his name in the Prefix. As long as it has an “O” in front of it.....then it must be a great deal!!
Amazing. What “judge” did that?
It’s like they are trying to put a square peg into the round hole.
If inactivity is an activity; wouldn’t Non-payment be a payment?
Brilliant!!!!! I think I will use it on tax day!
And quick as a bunny hopping through clover getting away from Mr. Big Dog, medical care will become I Don’t Care just like in any socialist system.
Sorry if that was a mistake. I’ll reread the guidelines.
If forcing citizens to buy insurance is a necessary activity to prevent Obamacare from collapsing under its own weight, then it must be legally justifiable to plead for mercy because one has become an orphan after murdering his parents.
Then an enterprising leftist, activist judge discovered a "penumbra" to be lurking just under the surface.
Just shows that even our Supreme Court has become too political to judge responsibly (my gosh, how hard is it to check laws against the Constitution). Not a good sign for the nation, but heck, the devaluation of the dollar will cause problems before the revolt against the Courts. Too many problems and no solutions from the political class...
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