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Can the States Nullify Health Care Reform? (Commiecare™ on the ropes)
NEJM ^ | 3/11/10 | Timothy S. Jost

Posted on 03/10/2010 7:00:39 PM PST by Libloather

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To: Libloather

The American voter can nulify this administration and the entire congress!


21 posted on 03/10/2010 7:38:01 PM PST by G Larry (DNC is comprised of REGRESSIVES!)
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To: Sarah-bot

Especially when:
1. the states are reflecting the will of their citizens, while Obama’s “socialized medicine / public option” is not
2. with 36 states reviewing the states’ right options, even 10% following through is 3 states taking up federal challenges - keeping the issue in the news and in the court.
3. If only 70% of these 36 states actually challenge, that’s half the Union. Hard to ignore - we had a civil war with fewer states and fewer lawyers.


22 posted on 03/10/2010 7:39:27 PM PST by tbw2 (Freeper sci-fi - "Humanity's Edge" - on amazon.com)
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To: Libloather

Of COURSE the Constitution says that it and federal laws are the supreme law of the land! It would be absurd for the Constitution to say otherwise.

But when the federal government abuses its powers, or usurps powers, the states have the right to resist.

If the federal government is wise enough to back down, good.

If the federal government is wicked and stupid enough not to back down, the people have the right to “alter or abolish it,” as some kook right-wing nutcase in the 18th Century put it.


23 posted on 03/10/2010 7:40:09 PM PST by Arthur McGowan (In Edward Kennedy's America, federal funding of brothels is a right, not a privilege.)
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To: Sarah-bot

If my tax dollars are spent trying, convicting, imprisoning and then housing this evil Commie in Chief for the rest of his natural born days...it will be money well spent!


24 posted on 03/10/2010 7:40:39 PM PST by Diana in Wisconsin (Save the Earth. It's the only planet with chocolate.)
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To: Libloather
The Constitution of the United States does not grant the federal government the power or authority to impose a national health care plan.

The only way the feds can acquire general jurisdiction is by offering the states a voluntary federal program and federal funding to help implement the program. If accepted by the state, they can make the money conditional upon accepting the entire program whole. This is how Medicaid is done.

For example Governor Schwarzenegger recently attempted to cut eligibility for benefits for the federal In Home Support Services for the elderly. The courts ruled he could not make the cuts. He can only completely opt out of the program. It's either in or out, period.

The Constitution does not give the federal government direct jurisdiction to make your personal health care choices. So that is grounds for a Constitutional challenge. They could conceivably gain jurisdiction over insurance companies, medical care providers and pharmacies (in effect the alternatives for care you might chose from) through the Interstate Commerce Act.

The state's can't nullify a program that they have the power to turn away.

25 posted on 03/10/2010 7:40:41 PM PST by marsh2
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To: devolve

[More taxes - higher premiums - not a a way to keep liberal liberals - or convert others]

But the uneducated massas aren’t even aware of that devolve. If you could read the comments on the editorial pages of the newspapers. You can tell much by their grammer too.

They watch American Idol and trust Obozo to help them.


26 posted on 03/10/2010 7:41:52 PM PST by potlatch (- What a co-inky-stink!)
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To: potlatch

I was also surprised that Nevada has not signed onto this, but It is probably because they are having such a bill budget issue lately. The Nevada politicians are probably walking a tightrope.


27 posted on 03/10/2010 7:43:12 PM PST by Sarah-bot (Palin is spry.)
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To: potlatch

“They watch American Idol and trust Obozo to help them.”

I will testify! I work with a whole bunch of them in ‘The People’s Republic of Madistan.’

Seriously - they were going on and on this week about how this thing had better pass and fast so they can all retire and suck off of the government teat (The Taxpayer!) some more! Grrrrrr!


28 posted on 03/10/2010 7:44:54 PM PST by Diana in Wisconsin (Save the Earth. It's the only planet with chocolate.)
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To: Sarah-bot

I haven’t been keeping up with other states lately. I just pray they finally get rid of Reid in Nevada.


29 posted on 03/10/2010 7:45:39 PM PST by potlatch (- What a co-inky-stink!)
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To: tbw2

I actually wrote an e-mail to my state AG and requested that he prepare for a State challenge in case this health care bill passes. The response was that my opinion was dually noted. I take that to mean buzz off little person, but I am happy to see that my state is pushing state level legislation to counter the potential health care bill.


30 posted on 03/10/2010 7:47:20 PM PST by Sarah-bot (Palin is spry.)
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To: potlatch

.

Even the educated

The libs refuse to watch FOX/FNC

Swear by MSNBC and CBS, NBC, ABC, Pub-TV channels, news, propaganda

Even most in - NYC - LOL!

So ignorant of the facts and truth - angry if they are rebutted


31 posted on 03/10/2010 7:50:52 PM PST by devolve ( . . . . . . . . . Sarah Palin can spell corpsmen . . . . . . .)
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To: Diana in Wisconsin; devolve
[this thing had better pass and fast so they can all retire and suck off of the government teat ]

Maddening, huh? They have no shame, just envy those who worked and have things and think they are somehow entitled to some of it.

32 posted on 03/10/2010 7:56:14 PM PST by potlatch (- What a co-inky-stink!)
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To: Libloather

10th amendment, 14th amendment. Damn right they can.


33 posted on 03/10/2010 7:57:22 PM PST by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: potlatch
The Commerce Clause of the Constitution is one major avenue for the national government to exercise its authority over states.

From the 1930s New Deal era through the 1970s the federal government significantly grew by increasingly regulating many facets of life.

That did not stop after the 1970s. The expansive Commerce Clause remains in full force. It is Obama's and Pelosi's best friend.

34 posted on 03/10/2010 7:58:13 PM PST by Ken H
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To: devolve
[The libs refuse to watch FOX/FNC]

Lol, even Congress was told NOT to go to the Drudge Report, that they would get a virus there. The lying ploys the dems use!

Yes, even the educated are unaware. I do have friends who glaze over when I talk politics.

Can't do much if they don't listen, and you are well aware of that, lol.

When I've posted on the newspaper forum I would get back lies. When I posted the facts to rebut them, they would reiterate the lies. You can't win.

35 posted on 03/10/2010 8:01:40 PM PST by potlatch (- What a co-inky-stink!)
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To: Ken H; devolve

[The expansive Commerce Clause remains in full force. It is Obama’s and Pelosi’s best friend. ]

Right! I read that same exact thing in my search today.


36 posted on 03/10/2010 8:03:11 PM PST by potlatch (- What a co-inky-stink!)
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To: Libloather

Actually, it occurs to me that closing schools might be a good next step. Why am I paying for the indoctrination of the next generation into values I abhor?


37 posted on 03/10/2010 8:03:18 PM PST by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: potlatch

.

THey are much braver and more blatant now

The more outrageous the claim or lies - the more they spew them

“Save a trillion dollars....”

“We need to pass this so we can see what it is all about!”

Neither was a mistake

It is a way of floating the big lie and having a way to back up


38 posted on 03/10/2010 8:06:48 PM PST by devolve ( . . . . . . . . . Sarah Palin can spell corpsmen . . . . . . .)
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To: potlatch

Oh, your friends will start paying attention when the gummint checks sto coming.


39 posted on 03/10/2010 8:08:00 PM PST by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: Sarah-bot

Now, I thought the Dems/Libs believed in the ‘right to privacy’....hmmmm....seems Roe v. Wade was based on an individuals supposed ‘right’ to privacy...even to the degree that a husband had no right to know if his wife was pregnant.

How do you square this fact with a mandate to purchase health insurance since if you have to buy a policy you will undoubtedly have to disclose personal health information as a consequence? Does the right to privacy (which is dubious at best anyway) only pertain to pregnant women?

It’s all a house of cards.


40 posted on 03/10/2010 8:13:36 PM PST by Ethrane ("semper consolar")
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