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Legal Eagle Question: Can we overwhelm system with lawsuits regarding Obamacare? (10th amendment)
03/04/10 | SFF

Posted on 03/04/2010 7:45:05 AM PST by SoFloFreeper

*If* B. H. O. pulls off this anti-American garbage, would it be a possible successful strategy for each citizen who will be impacted to file a 10th amendment lawsuit to block it implementation?

I'm imagining millions of similar suits filed to stop this travesty.

So, is this just a "fantasy", or is it do-able? I'm thinking Federalist Society or some other group of Constitution-loving lawyers might facilitate it.

Thoughts?


TOPICS: Business/Economy; Health/Medicine
KEYWORDS: health; law; legality; tenthamendment
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To: panthermom

A few hundred thousand would immediately have their bank accounts levied and/or wages garnished. And you’d find the vast majority of the rest rushing like mad to get their tax returns in.

The IRS has the power to take every penny you have, and to place liens on every asset you have, meaning you cannot sell anything to raise funds. How long could the average person survive with zero dollars in their bank account and the inability to sell any asset to raise funds?

Trust me - it’s about the worst feeling in the world to look at your bank accounts and see across-the-board zeroes.

I agree the way to kill the beast is to starve the beast. But you must do so in a way that you don’t starve to death as well! Simply figure out a way to go Galt. Shut down economically, move assets to where the IRS cannot touch them, and let it slowly starve to death.


21 posted on 03/04/2010 10:40:07 AM PST by PugetSoundSoldier (Indignation over the Sting of Truth is the defense of the indefensible)
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To: PugetSoundSoldier

Right, but maybe the difference is that it is settled that it is that the State has the power to tax to provide for the education of the public children. Public education has deep roots in American history, and there has really never been a dispute that it is in the public interest to tax property for revenue to spend on children’s education.

Medical care is not in that realm.


22 posted on 03/04/2010 11:13:09 AM PST by job
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To: AdmSmith; Berosus; bigheadfred; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; ...
and:
23 posted on 03/04/2010 6:20:52 PM PST by SunkenCiv (Freedom is Priceless.)
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To: job; All
I think we are on the same page, but the 10th amendment argument is that the federal govt does not have the authority to mandate some issue that is within the control of the state governments...

The 10th amendment leaves all powers NOT delegated to the feds "reserved to the States respectively, or to the people." (emphasis added)

I think states can mandate actions and stay within Constitutional guidelines. The actions of states you pointed to are instances where STATES tell the federal government they are not going to participate. I applaud those states' actions, since it specifically invokes the 10th amendment.

I know "Romney Care" gets ripped here on FR regularly, but I do not agree with those attacks. In fact, the experience of Massachusetts is the perfect illustration for folks wanting to work on health care issues. Here is what I mean: Massachusetts is one of FIFTY states that tried something. Other states can LOOK at Massachusetts and say "This didn't work...we'll do something different."

I am not saying RomneyCare was a success--I am saying the laboratory of RomneyCare can help other states figure out what is best in their situation!

Additionally, if the people/legislature of Massachusetts want to make CHANGES to their plan, they can do it--without the federal government telling them no!

That is the beauty of federalism/states rights.

Wisconsin instituted a school voucher program that was highly successful, if I recall correctly, and it became a model for other states. Can you imagine what would happen if we had real experimentation going on in state after state? Individual legislatures could address the problems of their own people and the federal government's overreaching, uncaring, bureaucratic bull**** would be a thing of the past!

I hope we as a nation continue to move in that direction. American creativity and ingenuity will make us once again a bastion of liberty and freedom.

24 posted on 03/05/2010 6:32:15 AM PST by SoFloFreeper
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