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The Constitution is the limiting document upon the feds; the federal government cannot become greater than the granting power. That is, the federal servant cannot become greater than its master........the states.

.......according to judicial analyst Andrew P. Napolitano 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 state governments. Nevertheless, 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 ............

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Why the Health-Care Bills Are Unconstitutional
Wall Street Journal | Jan. 2, 2010 | Orin Hatch et al
FR Posted by Military family member

The policy issues may be coming to an end, but the legal issues are certain to continue because key provisions of this dangerous legislation are unconstitutional. Legally speaking, this legislation creates a target-rich environment. We will focus on three of its more glaring constitutional defects. (Excerpt) Read more at online.wsj.com ...

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States Can Check Washington's Power; by directly proposing constitutional amendments
WSJ 12/21/09 | DAVID B. RIVKIN JR. AND LEE A. CASEY
FR Posted 12/22/09 by rhema

For nearly a hundred years, federal power has expanded at the expense of the states—to a point where the even the wages and hours of state employees are subject to federal control. Basic health and safety regulations that were long exercised by states under their "police power" are now dominated by Washington.

The courts have similarly distorted the Constitution by inventing new constitutional rights and failing to limit governmental power as provided for in the document. The aggrandizement of judicial power has been a particularly vexing challenge, since it is inherently incapable of correction through the normal political channels.

There is a way to deter further constitutional mischief from Congress and the federal courts, and restore some semblance of the proper federal-state balance. That is to give to states—and through them the people—a greater role in the constitutional amendment process.

The idea is simple, and is already being mooted in conservative legal circles. Today, only Congress can propose constitutional amendments—and Congress of course has little interest in proposing limits on its own power. Since the mid-19th century, no amendment has actually limited federal authority.

But what if a number of states, acting together, also could propose amendments? That has the potential to reinvigorate the states as a check on federal power. It could also return states to a more central policy-making role.

The Framers would have approved the idea of giving states a more direct role in the amendment process. They fully expected that the possibility of amendments originating with the states would deter federal aggrandizement, and provided in Article V that Congress must call a convention to consider amendments anytime two-thirds of the states demand it. (Excerpt) Read more at online.wsj.com ...