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Senate Judiciary Chairman Unable to Explain Where Congress Gets Authority to Mandate Insurance
CNSNews.com ^
| October 22, 2009
| Matt Cover
Posted on 10/22/2009 3:41:31 AM PDT by Man50D
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To: Man50D
re: compared the mandate to the governments ability to set speed limits on interstate highways
Just because government has done it doesn’t mean they have the authority to do so. It’s a habit they fell into well over a hundred years ago. Do something, and if no one can find a way to stop you, then by default you claim to have Constitutional authority to do it.
And over the years they’ve tightened their grip on this folly by making the laws more and more confusing and by making the judicial system to difficult and expensive to use that it practically assures they can get away with their BS.
It’s a vicious cycle and until someone steps in and disrupts it there is no hope of it changing.
21
posted on
10/22/2009 4:31:52 AM PDT
by
jwparkerjr
(God Bless America, and wake us up while you're about it!)
To: GeronL
"humida humida humida"
22
posted on
10/22/2009 4:34:22 AM PDT
by
Doogle
(USAF.68-73..8th TFW Ubon Thailand..never store a threat you should have eliminated))
To: Man50D
“Prior to 1995, the federal government mandated a speed limit of 55 miles an hour on all four-lane highways.”
That was a bad idea, too.
23
posted on
10/22/2009 4:37:55 AM PDT
by
RoadTest
( But when ye pray, use not vain repetitions, as the heathen do)
To: jwparkerjr
--
Itâs a habit they fell into well over a hundred years ago. Do something, and if no one can find a way to stop you, then by default you claim to have Constitutional authority to do it. --
Yep. See the Heller case for an example of that. The feds make it difficult to own certain firearms (blunderbuss, automatic-fire weapons), then in 2009 SCOTUS says the test for "constitutional" is "commonly available," which short barrel shotguns and machine guns are not, and they are not on account of roughly being illegal. Bootstrapping of an unconstitutional law, by the lapse of time. Same weapons WERE commonly available before the law was passed in 1934.
24
posted on
10/22/2009 4:50:32 AM PDT
by
Cboldt
To: DH
...And the “28th admendment” was introduced when?
25
posted on
10/22/2009 4:51:17 AM PDT
by
sirchtruth
(Gravity Of The Situation...)
To: Doogle; Lazamataz; JohnHuang2; PJ-Comix
Well your nobody called today, she hung up when I asked her name... uhh
26
posted on
10/22/2009 4:52:05 AM PDT
by
GeronL
(http://tyrannysentinel.blogspot.com)
To: Man50D
They wont directly mandate it. What they will do is call it a tax in the Internal Revenue Code. If you have Health Insurance, you will enter a code for the carrier and you will get a “credit” which will be offset by lower exemption rates. If you don’t have it, you wonty get the credit and still have the lower exemption rates. Manipulating the Tax code has been the weapon of circumventing the constitution for decades.
To: Man50D
Contact them to tell them they are violating the Constitution! And that will matter to them how? Just another day at the office for this crowd.
28
posted on
10/22/2009 5:01:20 AM PDT
by
Mygirlsmom
(First the Affirmative Action Presidency, now Nobel as well)
To: GeronL
...enough people send an email to Beck...he’ll run with it..*grins*
29
posted on
10/22/2009 5:02:18 AM PDT
by
Doogle
(USAF.68-73..8th TFW Ubon Thailand..never store a threat you should have eliminated))
To: Old Retired Army Guy
They wont directly mandate it. What they will do is call it a tax in the Internal Revenue Code. If you have Health Insurance, you will enter a code for the carrier and you will get a credit which will be offset by lower exemption rates. If you dont have it, you wonty get the credit and still have the lower exemption rates. Manipulating the Tax code has been the weapon of circumventing the constitution for decades.,
Then it's all the more reason to support passage of The Fair Tax(HR25/S296) that will replace all federal income taxes with a national sales tax and abolish the IRS!
30
posted on
10/22/2009 5:05:31 AM PDT
by
Man50D
(Fair Tax, you earn it, you keep it! www.FairTaxNation.com)
To: Man50D
Someone ought to pose this question to Mark Levin. Isn’t he a constitutional lawyer?
31
posted on
10/22/2009 5:06:37 AM PDT
by
70th Division
(I love my country but fear my government!)
To: jwparkerjr
Its a vicious cycle and until someone steps in and disrupts it there is no hope of it changing.
That someone is you, me and all the people but it can't happen until everyone puts increasing and unrelenting pressure on their Congress critters!
32
posted on
10/22/2009 5:07:25 AM PDT
by
Man50D
(Fair Tax, you earn it, you keep it! www.FairTaxNation.com)
To: sirchtruth
It is not an amendment to the Constitution but should be.
33
posted on
10/22/2009 5:07:48 AM PDT
by
DH
(The government writes no bill that does not line the pockets of special interests.)
To: Man50D
“Fair Tax”. You wont get an argument from me. I have been listening to and agreeing with Boortz on this for years. But, even he knows congress derives all their powers through the tax code. It is the tax code that they use as a weapon to gain campaign donations and favors. Chances of them adopting the Fair Tax is zero. The only way to do this would be a grass roots effort for a constituional convention and that would be a huge undertaking.
To: Mygirlsmom
And that will matter to them how? Just another day at the office for this crowd.
It matters more than they let you know. Why do you think the socialists didn't meet their original deadline to pass socialist health care before the August recess? Why do you think it is in such a mess now? Why do you think they couldn't vote to end cloture yesterday on S1776 that would decrease physicians medicare fees? The reason is people are hammering their politicians constantly. Everyone has to keep up the pressure.
35
posted on
10/22/2009 5:11:01 AM PDT
by
Man50D
(Fair Tax, you earn it, you keep it! www.FairTaxNation.com)
To: Old Retired Army Guy
Chances of them adopting the Fair Tax is zero.
Hardly. The Fair Tax Act has more cosponsors with each session of Congress. That is directly due to the growing grassroots movement putting increasing pressure on their politicians. It's about to get more intense. Americans For Fair Taxation is about to launch a nationwide Fair Tax ad campaign.
You need to keep in mind the people are in charge, not Congress.
36
posted on
10/22/2009 5:15:09 AM PDT
by
Man50D
(Fair Tax, you earn it, you keep it! www.FairTaxNation.com)
To: Man50D
I am not sure Congress understands that. They are about to cram down the peoples throat a Health Care Act that the people don’t want. At any rate, good luck with the Fair Tax Effort.
To: Man50D
38
posted on
10/22/2009 5:26:30 AM PDT
by
Girlene
To: Daisyjane69
The rat Congress will likely invoke Article III Section 2 and remove Scotus from jurisdiction.
Second, if Congress doesn't and Scotus hears the case, it is but a short intellectual, Leftist walk for Scotus to build on Helvering v. Davis - 1937. Social Security was challenged and found Constitutional in large part based on the General Welfare clause, rejecting Madison and adopting Hamilton.
Writing for the 7-2 majority, Justice Cardozo held that Congress was given the power to spend money for the public good under the General Welfare Clause. Hence, the Social Security Act did not violate the 10th Amendment. The Court would defer to Congress in determining what legislative acts served the general welfare. Congress itself would be the monitor of what Congress would do.
39
posted on
10/22/2009 5:58:42 AM PDT
by
Jacquerie
(Truth to the Left is that which advances their goals. Factuality is irrelevant.)
To: Man50D
Bumping this so I can find it later. I need to send this article to some more of my friends.
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