Comes a Horseman (Very interesting history of due process, statism, contract law & the New Deal)

NATIONAL REVIEW ONLINE ^ | September 15, 2010 | Timothy Sandefur

[bvw]

Great article!

The Contract Clause

U.S. Constitution - Article 1 Section 10

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

[achilles2000]

Excellent article.

[Agamemnon]

Wouldn't it be fun to see the Court overturn Obamacare, and then use that precedent to overturn the process used to foist Social Security on us?

Obama used the same playbook as FDR minus the court packing threat. Market it as "voluntary," sell it as "not a tax" to the public to get it passed, then bait'n'switch after passage. Then when challenged, justify its Constitutionally on the basis of a Congressional power to "tax."

Unlike the constitutionality of the Income tax, which could only get imposed by ratifying an Amendment (in the days when the US cared about such things as Constitutionality) the Social security system is not an Amendment to the Constitution.

If Obamacare goes, maybe SS and Medicare may go with it. Stranger things have happened.

Brice's and Congressman: I pinged you to get a read on your lawyers' thoughts on this concept.

It's all my idea, and I'm open to valid critique; I'll freely admit that I'm not a lawyer though.

FReegards!

[Agamemnon]

Wouldn't it be fun to see the Court overturn Obamacare, and then use that precedent to overturn the process used to foist Social Security on us?

Obama used the same playbook as FDR minus the court packing threat. Market it as "voluntary," sell it as "not a tax" to the public to get it passed, then bait'n'switch after passage. Then when challenged, justify its Constitutionally on the basis of a Congressional power to "tax."

Unlike the constitutionality of the Income tax, which could only get imposed by ratifying an Amendment (in the days when the US cared about such things as Constitutionality) the Social security system is not an Amendment to the Constitution.

If Obamacare goes, maybe SS and Medicare may go with it. Stranger things have happened.

Brice's and Congressman: I pinged you to get a read on your lawyers' thoughts on this concept.

It's all my idea, and I'm open to valid critique; I'll freely admit that I'm not a lawyer though.

FReegards!

[bvw]

Agamemmon: Congressman Billybob died a few days ago. It is as a happy rememberance, perhaps, that you pinged him.

[AuH2ORepublican]

bump

[Judges Gone Wild]

Excellent, informative article.

[Wuli]

“But the Constitution explicitly bars states from “impairing the obligation of contracts,”

State Insurance “mandates” can be undone on this basis, for instance.

[Agamemnon]

So sorry to hear that about Congressman BillyBob. I did not know.

From his perspective, now, he certainly knows how it all turns out.

God blesses him.

FReegards!

[Rumplemeyer]

Wonderfull

[Ditto]

Bump for later

[GVnana]

Very sorry to hear that. I always enjoyed his posts.

[bvw]

DollyCali's thread from 20 August 2010, Freeper Congressman BillyBob has died. He was a real character!

[bvw]

Wikipedia: The Four Horsemen

Butler

McReynolds

Sutherland

van Devanter

[bvw]

Congressman BillyBob

[DollyCali]

yes, he Was!

been almost a month.

Need to get him & Bahbah both up on the Memorial wall

[Cacique]

Btt

[OneWingedShark]

>>“But the Constitution explicitly bars states from “impairing the obligation of contracts,”
>
>State Insurance “mandates” can be undone on this basis, for instance.

Hmmm... how so?
I mean how does mandating a certain type of contract impair the obligation of [other] contracts?

[Wuli]

“I mean how does mandating a certain type of contract impair the obligation of [other] contracts?”

First, I don't know how you mean to bring in the term [other] preceding “contracts”.

The Constitution explicitly bars states from “impairing the obligation of contracts,” period.

To “impair” means: to make worse by or as if by diminishing in some material respect.

Mandates diminish the obligation of insurance contracts by supplanting, superceding the freely given and freely taken obligations of the contracting parties with an artificial government obligation the insurer is required, by law, to impose on the contract with the insured, and resulting in the imposition of a cost on the insured, materially diminishing their right to afford such additional obligations or not.