from Der Furher if such comes to pass!
Posted on 03/26/2010 7:46:59 PM PDT by RobinMasters
President Barack Obama is one of the worst presidents ever in terms of respecting constitutional limitations on government, and the states suing the federal government over healthcare reform "have a pretty strong case" and are likely to prevail, according to author and judicial analyst Andrew P. Napolitano.
In an exclusive interview with Newsmax.TV's Ashley Martella, Napolitano says the president's healthcare reforms amount to "commandeering" the state legislatures for federal purposes, which the Supreme Court has forbidden as unconstitutional.
"The Constitution does not authorize the Congress to regulate the state governments," Napolitano says. "Nevertheless, in this piece of legislation, the Congress has told the state governments that they must modify their regulation of certain areas of healthcare, they must surrender their regulation of other areas of healthcare, and they must spend state taxpayer-generated dollars in a way that the Congress wants it done.
(Excerpt) Read more at newsmax.com ...
...the authority to enact laws necessary and proper for the regulation of interstate commerce is not limited to laws governing intrastate activities that substantially affect interstate commerce. Where necessary to make a regulation of interstate commerce effective, Congress may regulate even those intrastate activities that do not themselves substantially affect interstate commerce.
Justice Scalia, concurring opinion, Raich
I don’t think it will take that long at least to get the case in front of SCOTUS. A challenge can be triggered by several things. Governors could interpose and refuse to allow its citizens to be subjected to the mandates or any provisions requiring state funding. Yes, this would take some stones, but if enough Governors got together in a region, say the mountain West, Texas and the plains, this would be quite formidable and require some sort of resolution to avoid the use of force. If more states pass statutes and amendments prohibiting mandates, SCOTUS would feel more pressure. If a constitutionally minded president in 2013 issued executive orders rescinded the mandates, I believe that a challenge to the orders would be very quick.
SCOTUS is comprised of 9 fallible humans beings that respond to events just like the rest of us. They are not stoic Vulcans, immune from political pressure. They may endeavor to stay above politics when deciding the case, but they still respond to the political pressure when deciding to take the case. SCOTUS won’t watch the country burn because they have some compelling notion that burning questions must be given time to bake.
Not only must our state nullify Obamacare, we, the citizens of Texas must do so, individually. This can not be allowed to stand.
They’ll stack it anyway.
** the states suing the federal government over healthcare reform “have a pretty strong case” and are likely to prevail, according to author and judicial analyst Andrew P. Napolitano.**
From Judge Nepolitano’s lips to God’s ears to the voices of the Surpreme Court — let it be done!
Judge Napolitano believes that the Supreme Court won't hear a case against Obamacare until 2014 at the earliest, because no one will be able to prove "damages" until then.
I say that if that's the case, The states and The People will kill Obamacare first.
Well, if they screw this one up, they just might watch the country burn anyway.
Your sentiment matches many others that hav been said and aired and printed.
But.....we have to understand what the other side is planning to use.
One Harvard law professor on Obama’s side has stated that when we get sick, and we go to a clinic, then we are engaging in commerce, and therefore Congress can regulate us by using the commerce clause.
But another Freeper lawye responded to me that this professor was confusing the issues probably deliberately, confusing the regulation of healthcare with the regulation of purchasing health insurance. I will dig up the link and post it back to you.
It’s important you know what they are going to hit you with and what you can use as a comeback.
Judge Nepolitano should be on the Supreme Court.
If there is code in it that tries to mandate to state legislatures what/how to do business, it will get kicked to the curb bigtime.
It’s already been adjudicated.
NY V United States, 505 US 144
@175-176
Either type of federal action would “commandeer” state governments into the service of federal regulatory purposes, and would, for this reason, be inconsistent with the Constitution’s division of authority between federal and state governments. On the other hand, the second alternative held out to state governments - regulating pursuant to Congress’ direction - would, standing alone, present a simple command to state governments to implement legislation enacted by Congress. As we have seen, the Constitution does not empower Congress to subject state governments to this type of instruction.
@188
States are not mere political subdivisions of the United States. State governments are neither regional offices nor administrative agencies of the Federal Government. The positions occupied by state officials appear nowhere on the Federal Government’s most detailed organizational chart. The Constitution instead “leaves to the several States a residuary and inviolable sovereignty,” The Federalist No. 39, p. 246 (C. Rossiter ed. 1961), reserved explicitly to the States by the Tenth Amendment.
Whatever the outer limits of that sovereignty may be, one thing is clear: the Federal Government may not compel the States to enact or administer a federal regulatory program.
You know, you're right about that. We really need to stop calling them Democrats. There hasn't been a Democrat elected to any federal office for a very long time now.
These people masquerade as Democrats, but they're National Socialists, i.e., Nazis.
I've never called Rush, but I might just do that to make this one point to him, so than millions of others hear it. We need to start calling these people National Socialists at the very least. Let the listener/reader make the connection.
The USSC can reach down and snatch this case anytime it chooses and we don't have to wait no stinkin' 8 years.
Bush v Gore was decided in 4 DAYS and the USSC was the ONLY Federal Court to hear it.
I am also concerned about the government establishing Sharia by exempting muslims from the healthcare regulations.
Right. If they decide the wrong way, they will only be the flame that lights the fire. My prediction would be around 2013 which give us the 2 critical elections. If we lose, it’s convention time or revolution time.
**Wouldn’t this be sweet. Especially after the way the justices were attacked by the Kenyan during his SOTU Show.**
Wouldn’t it be nice if the Justices were looking for a little “payback”.
Wouldn’t it be nice if they only followed the Constitution?
Understand the constitution? Hell, he doesn’t even know how many states there are.
Good video of Napolitano at the NewsMax link.
Napolitano says 2018 before it gets to the Court. That is why Congress must act.
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