Posted on 03/23/2010 9:46:46 PM PDT by jsdjason
I just worry where that thin line is in the sand when Buba pulls out an AK and feces hits the fan. This will not stand ultimately because we can't afford it. If we keep losing in court and in politics, there is very little left after that. Many people I know have a 10 second fuse and 8 seconds has already passed. If we don't win in November, what then? When we start to pay the 12% interest rates after we have lost everything, what then? When gas is $7 and bread is $5, what then?
The Dems have, from the beginning , wanted us to ride mopeds and bikes and live in a tar paper shack because we are rich and deserve to live like Bangladesh. This is the biggest stride yet of unsustainable economics. If you look close, you can see that Obama wants America to fail. Nobody can afford what he is sugesting.
If we don’t win in court, and we don’t win in November, then 34 states unite to call a constitutional convention, amend the constitution the way we want it, and then 38 states ratify it.
The liberal dumbass states are irrelevant when this approach is taken. If they don’t like it, they can secede, and we can tell them don’t let the door hit ya on the way out.LOL
I know it s/b 'precedent', but 'precedence' isn't strictly incorrect, as used here. Is it?
Well this depends how you see it. Since ill-health is a certainty, not buying insurance can be viewed as engaging in risk conduct affecting financial burdens that extend across state lines. This will be the government argument and it has the support of Gonzales v. Raich. The concurring opinion of Justice Scalia is worth a read.
I would point out that in Raich the Court essentially said that regulating the “intra-state” market of marijuana was essential(hence, why the N&P Clause could be used to effectuate the regulation of commerce here) to the regulation of the “inter-state” market. Here, to my knowledge, there is no “inter-state” health insurance market. Health insurance cannot be sold across state lines. So I would distinguish Raich in that way.
I would also argue that in all of the prior commerce clause cases there had to be economic activity that was the subject of the regulation. In Lopez, Congress attempted to regulate gun possession and the Court found it to not be a proper use of the Commerce Clause because the activity was non-economic. Here, I would argue that existing as a citizen is non-economic.
In none of the prior cases was a citizen compelled to purchase something. So none of the cases are exactly on point. It is one thing to regulate EXISTING intra-state marijuana markets as necessary and proper to effectively regulate the inter-state marijuana market. It is another thing to COMPEL someone to purchase INTRA-STATE health insurance in order to regulate INTRA-STATE health insurance markets.
I do realize that the left will argue that health insurance affects inter-state commerce due to its effect on all kinds of things related to health (supplies, etc.), but I think the fact that there is actually no commerce taking place until the government compels it to take place is a very strong argument in our favor. Again, in all other cases “commerce” was already taking place whereas here it is not until compulsion of commerce.
Sort of, it's obsolete. "Antecedent" comes close.
I'm thinking they screwed up and got lucky at the same time.
The filibuster
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.