We'll see where this leads...
1 posted on
10/03/2014 8:51:26 AM PDT by
maddog55
To: maddog55
Why I find that to be arbitrary, capricious and an abuse of discretion!
2 posted on
10/03/2014 8:54:50 AM PDT by
Cletus.D.Yokel
(Catastrophic Anthropogenic Climate Alteration: The acronym explains the science.)
To: maddog55
‘Arbitrary, Capricious, and Abuse of Discretion’
Isn’t that pretty much the same thing as saying IRS?
Even before Obamacare?
3 posted on
10/03/2014 8:55:10 AM PDT by
Lorianne
To: maddog55
I hope the judge enjoys his audit.
4 posted on
10/03/2014 8:58:40 AM PDT by
ClearCase_guy
("Now is not the time for fear. That comes later.")
To: maddog55
"arbitrary, capricious and abuse of discretion" As is the:
IRS
EPA
DOJ
Feel free to add others
5 posted on
10/03/2014 9:01:40 AM PDT by
Michael.SF.
(It takes a gun to feed a village,)
To: maddog55; All
I'd say that the constitutionally indefensible
Obamacare Democratcare law was deliberately poorly written so that bureaucrats and activist judges can make it mean anything that they want it to.
As mentioned in related threads, regardless what activist justices, including Justice Roberts, want everybody to think about the constitutionality of Democratcare, these justices wrongly ignored that the Supreme Court had historically clarified that the the states have never delegated to the feds, expressly via the Constitution, the specific power to regulate, tax and spend for intrastate healthcare purposes. This is evidenced by the following excerpts from case opinions
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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.
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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.
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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.
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Direct control of medical practice in the states is obviously [emphasis added] beyond the power of Congress. Linder v. United States, 1925.
Corrupt Congress wrongly ignored that it first had to successfully petition the states for a healthcare amendment to the Constitution before establishing Democratcare.
Here's some more excerpts where respected constitutional experts have clarified that government responsibility for the care of the people belongs to the states, not the federal government.
- Our citizens have wisely formed themselves into one nation as to others and several States as among themselves. To the united nation belong our external and mutual relations; to each State, severally, the care of our persons [emphasis added], our property, our reputation and religious freedom. Thomas Jefferson: To Rhode Island Assembly, 1801.
- Simply this, that the care of the property, the liberty, and the life of the citizen, under the solemn sanction of an oath imposed by your Constitution, is in the States and not in the federal government [emphases added]. I have sought to effect no change in that respect in the Constitution of the country. John Bingham, Congressional. Globe. 1866, page 1292 (see top half of third column)
- 7. Sovereignty, for the protection of the rights of life and personal liberty within the respective States, rests alone with the States [emphases added]. United States v. Cruikshank, 1875.
To: All
When you read/hear a judge rule: arbitrary and capricious, you know this judge knows some actual _law_. Hurrah!
8 posted on
10/03/2014 10:20:13 AM PDT by
veracious
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