To: NoLibZone
How about hearing it from Randy Barnett himself...
@
We lost on health care. But the Constitution won.Lawmakers argued that this mandate was justified by the Constitutions commerce and necessary and proper clauses. Had we not contested this power grab, Congresss regulatory powers would have been rendered limitless.
They are not. On that point, we prevailed completely. Indeed, the case has put us ahead of where we were before Obamacare. The Supreme Court has definitively ruled that the commerce, necessary and proper clause, and spending power have limits; that the mandate to purchase private health insurance, as well as the threat to withhold Medicaid funding unless states agree to expand their coverage, exceeded these limits; and the court will enforce these limits.
Wouldn't this man know above all others if it was dicta or a ruling?
Are people already being led this early on to come to a false conclusion about dicta vs ruling?
50 posted on
07/01/2012 8:11:18 PM PDT by
philman_36
(Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
To: All; NoLibZone
@
We lost on health care. But the Constitution won.In perhaps the most important passage of his opinion, Roberts insisted that without deciding the Commerce Clause question, I would find no basis to adopt such a saving construction of the penalty. This makes his analysis of the commerce clause a binding holding for future courts to follow.
Somebody been lying.
51 posted on
07/01/2012 8:15:23 PM PDT by
philman_36
(Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
To: philman_36
53 posted on
07/01/2012 8:19:50 PM PDT by
NoLibZone
(We must get down on our knees each day and thank God that McCain/Palin didn't win in '08.)
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