Replies

The chances of Obamacare’s ultimate survival was actually decided by the Founding States as evidenced by the Constitution’s silence about intrastate healthcare. More specifically, the Founding States hand made the 10th Amendment to clarify that the Constituton’s silence about issues like healthcare means that they are automatically uniquely state power issues, not the business of federal government's.

The question is how long will Obama’s activist justices be able to ignore that citizens are wising up to the fact that state sovereignty-respecting justices have previously clarified, on several occasions, that the states have never delegated to the feds, expressly via the Constituton, the specific power to regulate, tax and spend for intrastate healthcare purposes. This is evidenced by the excerpts from case opinions below, previously mentioned on FR.

Regarding the Obamacare insurance mandate for example, note the fourth entry in the following list, the excerpt from Paul v. Virginia. In that case the Court had essentially clarified that the feds have no Commerce Clause power to regulate insurance regardless if an insurance policy is negotiated across state borders.

”State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress. [emphases added]” —Gibbons v. Ogden, 1824.
“Congress is not empowered to tax for those purposes which are within the exclusive province of the States.” —Justice John Marshall, Gibbons v. Ogden, 1824.
“Inspection laws, quarantine laws, health laws of every description [emphasis added], as well as laws for regulating the internal commerce of a state and those which respect turnpike roads, ferries, &c., are component parts of this mass.” —Justice Barbour, New York v. Miln., 1837.
”4. The issuing of a policy of insurance is not a transaction of commerce [emphasis added] within the meaning of the latter of the two clauses, even though the parties be domiciled in different States, but is a simple contract of indemnity against loss.” — Paul v. Virginia, 1869. (The corrupt feds have no Commerce Clause (1.8.3) power to regulate insurance.)
“Direct control of medical practice in the states is obviously [emphases added] beyond the power of Congress.” –Linder v. United States, 1925.

Also note that regardless that federal Democrats, RINOs and corrupt justices will argue that if the Constitution doesn’t say that the feds can’t do something then they can do it, the Supreme Court has addressed that foolish idea too. Politically correct interpretations of the Constitution's Supremacy Clause aside, the Court has clarified in broad terms that powers not delegated to the feds, expressly via the Constitution, the specific power to regulate intrastate healthcare in this case, are prohibited to the feds.

”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.