Free Republic
Browse · Search
News/Activism
Topics · Post Article

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 Constitution’s commerce and “necessary and proper” clauses. Had we not contested this power grab, Congress’s 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)
[ Post Reply | Private Reply | To 1 | View Replies ]


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)
[ Post Reply | Private Reply | To 50 | View Replies ]

To: philman_36

Thank you.

I have the article from here:

http://www.nola.com/newsflash/index.ssf/story/we-lost-on-health-care-but-the-constitution-won/ee811e8a5fa1df58b828037401aa9c5f

Please keep ‘em coming!


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.)
[ Post Reply | Private Reply | To 50 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson