To: x1stcav
Never ever predict how the Supremes will go...recall John Roberts and the Obamacare fiasco.
4 posted on
12/08/2017 8:11:28 AM PST by
kenmcg
(tHE WHOLE)
To: kenmcg
“Never ever predict how the Supremes will go...”
This is the first thing they teach you in law school.
To: kenmcg
Probably threatened directly by Obama. Maybe on account of his kids. Or maybe in fear of his life?
17 posted on
12/08/2017 8:42:26 AM PST by
Rurudyne
(Standup Philosopher)
To: kenmcg
as a sidebar...
and it was a fiasco, and he twisted like a pretzel to create law out of thin air, but many don't remember it also restricted congress under the Commerce Clause, essentially gutting it.
John Roberts opinion for the majority
Construing the Commerce Clause to permit Congress to regulate individuals precisely because they are doing nothing would open a new and potentially vast domain to congressional authority.
Congress already possesses expansive power to regulate what people do.
Upholding the Affordable Care Act under the Commerce Clause would give Congress the same license to regulate what people do not do.
The Framers knew the difference between doing something and doing nothing.
They gave Congress the power to regulate commerce, not to compel it.
Ignoring that distinction would undermine the principle that the Federal Government is a government of limited and enumerated powers.
The individual mandate thus cannot be sustained under Congress’s power to “regulate Commerce.”
The problem, here, is that the SCOTUS gave Congress license to mandate the public do things under penalty, disguised as a tax.
21 posted on
12/08/2017 8:47:07 AM PST by
stylin19a
(Best.Election.Ever.)
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