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To: grumpygresh; All
"This is what happens when we have an overabundance of regulations."

Regarding federal government interference with state sovereignty, it’s even worse than what you mentioned imo.

More specifically, regardless what the misguided, institutionally indoctrinated (imo) Roberts Court wants everybody to believe about federal healthcare programs, the court seeming “overlooked” the following from related threads imo.

It overlooked that previous generations of state sovereignty-respecting Supreme Court justices had clarified that the states have never expressly constitutional given the feds the specific power to regulate, tax and spend in the name of INTRAstate healthcare.

In fact, the congressional record shows that Rep. John Bingham, a constitutional lawmaker, had clarified that the Founding States had left the care of the people uniquely to the states, not the federal government.

”... the care of the property, the liberty, and the life of the citizen, under the solemn sanction of an oath imposed by your Federal Constitution, is in the States, and not in the Federal Government [emphases added].” —Rep. John Bingham, Congressional Globe, 1866. (See about middle of 3rd column.)


Also consider that Justice Brandeis had reflected on Bingham's statement when Brandeis indicated that it is up to the individual states to experiment with the social spending programs, healthcare and retirement programs for example, ultimately depending on what the legal majority voting citizens of a given state want.

"It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose [emphasis added], serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.” —Justice Brandeis, Laboratories of democracy.

(Note that constitutional limits on states as laboratories of democracy is that states cannot establish privileged / protected classes or abridge constitutionally enumerated rights, and must maintain a constitutionally guaranteed republican form of government.)

So what happened to state sovereignty to establish custom state healthcare and retirement programs for example?

Using inappropriate words like "concept" and "implicit" here is what was left of 10th Amendment (10A)-protected state sovereignty after FDR’s state sovereignty-ignoring majority justices got finished with it in Wickard v. Filburn.

In fact, Speaker Pelosi seemingly took advantage of the scandalous, politically correct repeal of 10A by FDR's state sovereignty-ignoring activist justices. This is evidenced by her irresponsible ignoring (imo) of a resolution to propose a healthcare amendment to the Constitution to the states for ratification before wrongly ramming Obamacare through the House.

Had Pelosi instead upheld her oath to protect and defend the Constitution by leading Congress to successfully petition the states to ratify a constitutionally required healthcare amendment to the Constitution before helping to establish unconstitutional Obamacare, then I wouldn't be making this post.

Patriots need to elect a new Congress that will not only promise to fully support PDJT's vision for MAGA, now KAG, but will also do this.

The new Congress also needs to promise to work with PDJT to take all constitutionally indefensible federal laws out of the books.

Congress will also need to work with PDJT to decide the fate of people who are in prison for breaking federal laws that the corrupt, post-17th Amendment ratification feds never had the express constitutional authority to make.

Remember in November 2020!

11 posted on 09/26/2019 12:16:40 PM PDT by Amendment10
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To: Amendment10

Thanks for doing the heavy lifting.
Sure, a lot of these people probably violated rules and perhaps some did so knowingly and abusively. But you understand the overall point very well that the administrative states has gone wild and makes law without any meaningful congressional oversight and intent. Basically congress is uninformed and/or passing the buck.
Secondly healthcare law should be crafted at that state level, but the public including many purported conservatives have been conditioned into thinking that the federal government is sovereign for just about everything.
And thirdly there is the principle that when laws and regulations are exceedingly complex, it can be difficult to comply with them fully. James Madison and others warned us of this. This is often the case with smaller practices that are not arms with attorneys and compliance officers.

I wish people could realize that if these issues, violations, crimes were handled at the State level, we would have better oversight of the legislative and judicial process. With more public accountability there would be more confidence in the system. Right now, we can’t say that with the federal doj and federal police.


14 posted on 09/26/2019 2:58:27 PM PDT by grumpygresh
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