This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
I know. You'll say that Obamacare is not pursuant to the Constitution. But under the Constitution, who gets to decide? The Congress will pass it. The president will sign it. So your last hope will be the SCOTUS, from which there is no appeal. I'd like to see how the court would fashion a decision that Social Security--retirement insurance we are forced to buy--and Medicare---health insurance we are forced to buy, are Constitutional, but this isn't. You think they're going to overturn Social Security and Medicare? Fat chance.
Therefore, I believe this act will be Constitutional, as decided by the powers granted in the Constitution to the three branches. The states can piss and moan all they want, but no law will stop it. It will take all out rebellion.
If that's the course they want to take, that's fine by me. The sooner we get out from under the Constitution, the better. But stuff like this is grandstanding.
I’m thinking, and it could be incorrect, that what states that pass legislation like this are trying to do is set up a Constitutional showdown with congress.
For too long congress has overstepped its Constitutional bounds and the states have rolled over and over again (thank the idiots who gave us the 17th amendment for this). Now states are begining to feel their oats. The direct conflict with these state laws and those involving intrastate guns could reset the bounds on congress.
Huck, I think your post has merit. I still would like to see this bogus lump of coal fought tooth and nail every step of the way. Has SS and Medicare been deemed Constitutional on challenge?
Do they comply with the 10th Amendment?
What is the 10th Amendment supposed to block, if not this?
Most if not all of the Health Care Bill is unconstitutional. Reread the clause that you cited.
Just how the hell would the Feds try to FORCE a state to adopt a federal law on mandatory health care? Would the USArmy march into OKLAHOMA and arrest the governor?
FU BO and the entire US Gubmit.
If you're prepared to accept the decision of a branch of the feral government that the actions of...the feral government, are Constitutional. I'll bet a lot of people, and states, are not so prepared.
To be replaced by Huck law? What form would Huck law take?
This is why almost every piece of legislate introduced into Congress opens with language stating is is implemented under the Interstate Commerce Clause, not the Supremacy Clause.
The ultimate Constitutionality is not does Congress have the authority to do something, but does that something constitute interstate commerce. Unfortunately, the SCOTUS has a history of deferring towards Congress.
The real Constitutionality test for ObamaCare will be if Congress has the right to demand an individual purchase something or otherwise have a tax levied.
There will likely be multiple 14th Amendment Equal Protection Clause challenges to ObamaCare.