Libertarian ping! Click here to get added or here to be removed or post a message here!
(View past Libertarian pings here)
Posted on 09/05/2009 10:50:48 PM PDT by majstoll
Just like federal gun control schemes, federal health control schemes can be attacked on constitutional grounds. There are two lines of attack.
First, federal action can be attacked as violating individual rights.
Federal gun control schemes have been successfully attacked as violating the individual right to keep and bear arms. In District of Columbia v. Heller the U.S. Supreme Court struck down DC's handgun ban and inflexible trigger lock law. Subsequently at least two federal judges have that under the Second Amendment, "federal laws depriving persons who are merely accused of certain crimes of the right to legal possession of a firearm." United States v. Arzberger, 592 F. Supp. 2d 590, 602 (S.D.N.Y. 2008). Same result in United States v. Kennedy, 593 F. Supp. 2d 1221, 1231 (W.D. Wash. 2008).
Likewise federal health control schemes can be challenged as violating the individual right to privacy. As I previously here, legal experts question the constitutionality of health control rationing and regulation in under Roe v. Wade's right to privacy framework.
Second, federal health control can be challenged as . . .
(Excerpt) Read more at examiner.com ...
Oh you stop it, that makes too much sense.
Unconstitutional as well in that the Constitution provides no limited, enumerated power to the FedGov to “provide” health care.
BTW, libertarians know the high price of medicine stems from heavy government regulations, tax incentives (subsidies) and licensing requirements. We already have “socialized medicine”.
BTTT
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.