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To: Red Steel
I think most of this piece is wishful thinking.

One comment in particular is flawed:

First, there is ObamaCare, which violates the Constitutional principle barring the federal government from forcing citizens to purchase something. And no, this is not the same thing as states requiring drivers to purchase car insurance, as some of the intellectually-impaired claim. The Constitution limits FEDERAL government, not state governments, from such things, and further, not everyone has to drive, and thus, a citizen could opt not to purchase car insurance by simply deciding not to drive a vehicle.

As much as I understand the abuse of the Commerce Clause argument with respect to buttressing Obamacare, it is not that clause that will save it. It is the 16th Amendment that will allow it.

Obamacare is not a Commerce argument, it is a tax argument. As I have bleated since March 21 of this year, and have confirmed, Obama will have his lawyers defend Obamacare, just as FDR's lawyers defended Social Security, as a tax. The 16th Amendment allows Obama to impose a tax in just about any manner he chooses.

Remember, there are the PUBLIC arguments, and then there are the LEGAL arguments, and they are not necessarily the same.

Obama's lawyers will present their LEGAL arguments by claiming that Obamacare forces no one to purchase health insurance, that instead it recommends 'minimum standards' of health insurance, and those that have proof of 'minimum standard health coverage' will receive a tax credit, others will pay the tax,

The SCOTUS will not be able to strike Obamacare down on a tax argument even if they rule that the Commerce Clause does not support Obamacare,

So the answer to preventing the forward progress of socialism is to REPEAL the 16th Amendment.

Here is a tax code replacement movement:

http://www.fairtax.org

For decades, the Left has wanted socialized medicine, and they always had the law behind them (tax law). But they never could get the votes in Congress until March 21, 2010.

Wake up! It is the 16th that allows the Left to advance socialism in America!

27 posted on 07/13/2010 3:59:37 AM PDT by Hostage
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To: Hostage; Red Steel

What happened to all the AG’s lawsuits, burried Sahara sand in???

Bush/alBore 2000 Florida debacle went to SCOTUS within a couple days, hmmmm!!!


76 posted on 07/13/2010 9:05:39 AM PDT by danamco (")
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To: Hostage

Last week I saw an interview with a lawyer from I think Missouri (I could be wrong I didn’t catch it from the beginning) and he is bringing suit against FUBO-care for 3 plaintiffs, one is a woman who is on medicare and will longer be able to get medicare advantage under FUBO-care and that only residents in Florida could get it, one is a young person who is healthy, (healthy lifestyle etc) and does not want coverage, only wants to purchase catastrophic insurance and I forget what the 3rd was, but all three were very legitimate claims - I haven’t seen any more about this and was wondering if anyone else caught it? It was on Fox of course.... My impression (not a lawyer so could be way off) was that if these cases were to win it could stop FUBO-care in its tracks.


80 posted on 07/13/2010 9:14:15 AM PDT by Newton ('No arsenal is so formidable as the will and moral courage of free men and women.' -Ronald Reagan)
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