0bamaDontCare
He really don’t, do he?
God I can’t wait for this to fire up in January. It’s going to be the most colossal charlie foxtrot in the history of charlie foxtrots.
In a nutshell, before activist Justice Roberts caved in to Obama and decided in favor of Obamacare, previous generations of justices had officially clarified that the states have never delegated to Congress, via the Constitution, the specific power to regulate, tax and spend for public healthcare purposes. This is evidenced by the following excerpts from case opinions.
"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."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.
"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.
Direct control of medical practice in the states is obviously (emphasis added) beyond the power of Congress. Linder v. United States, 1925.
Noting that one of the excerpts above from Gibbons clarifies that Congress is prohibited from laying taxes in the name of state power issues, such as public healthcare, which Congress cannot justify under its constitutional Aritcle I, Section 8-limited powers, all federal taxes that citizens are paying to support federal healthcare programs are constitutionally indefensible.
So what Gov. Brewer needs to argue is that by using Obamacare to expand Medicaid, she is helping to recover state revenues which corrupt Congress wrongly stole from Arizona taxpayers in the form of constitutionally indefensible federal taxes.