a challenge to the legality of an IRS rule authorizing tax credits for the purchase of health insurance in federally established exchanges."
FR: Never Accept the Premise of Your Opponents Argument
Legal technicalities concerning Obamacare Democratcare aside, regardless what activist justices want everybody to think about the constitutionality of Democratcare, lets not overlook that 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 Supreme Court 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.
In fact, constitutional experts have historically noted that the states entrusted themselves, not the federal government, with the care of the people.
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