>>In all cases, the states assert that the federal mandate on individuals carrying health insurance or pay penalties, violates the prohibition against the direct taxation of individuals outlined in Article I, sections 2 and 9 of the US Constitution. They also invoke the Tenth Amendment reserving to states all powers not delegated to the federal government.
Article I, Section 2 sounds like a weak argument, since it defines reprention by population and direct taxation by population (i.e. everybody).
Article I, Section 9 is a stronger argument, since it says no bills of attainder (i.e. bills that have fines and or prison) and that have a negative impact on a person or group (i.e. seniors).
Of course, the Tenth Amendment is the strongest argument. The delegated powers do NOT include health care - and several other usurpations - and as such that power is reserved to the people.
Now here is the $64,000 question - if the federal government prevails and the SC rules that the act IS constitutional, what are the options left? For IF it is ruled constitutional, the states have ZERO powers, save those the federal government grants to the states, and the contract (i.e. the Constitution) between the states and a federal government is broken.
And the $64 trillion question - should the contract be broken, can states “secede” or is it even necessary? The states had better be ready for it.
” and the contract (i.e. the Constitution) between the states and a federal government is broken.”
The federal government is a creation of the states. The states can call for a convention to abolish the federal government. Kind of like 1787 when the states met to ratify the Constitution to create the Republic, but this time the vote would be on whether or not to dissolve the contract. On the surface it looks scary and messy, but I’m sure there are smart people to figure it out while preserving our liberties.
There aren’t many choices left - seccession, abolition or civil war. It’s impossible for two groups to live together when one group favors liberty and the other slavery.