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Obama solicitor general: If you don't like mandate, earn less money
Washington Examiner ^ | 06/02/11 | Philip Klein

Posted on 06/03/2011 4:02:46 AM PDT by stevie_d_64

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To: DaveTesla
“During the Sixth Circuit arguments, Judge Jeffrey Sutton, who was nominated by President George W. Bush, asked Kaytal if he could name one Supreme Court case which considered the same question as the one posed by the mandate, in which Congress used the Commerce Clause of the U.S. Constitution as a tool to compel action.”

Schechter Poultry Corp. v. United States http://www.law.cornell.edu/supct/html/historics/USSC_CR_0295_0495_ZO.html

I believe that in Schechter, the Commerce Clause was DENIED the power to compel action from a business. So I don't see the reason you're invoking it here - Schechter could actually be used AGAINST the individual mandate. In fact, Schechter was one of the limits the Roosevelt Administration finally reached in it's efforts to centralize commerce under federal law.

41 posted on 06/03/2011 10:54:54 AM PDT by Talisker (When you find a turtle on top of a fence post, you can be damn sure it didn't get there on its own.)
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To: gogogodzilla
"I *NEED* a fleet of interstellar starships....."

Kool! I need that too!

42 posted on 06/03/2011 12:07:42 PM PDT by Paladin2
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To: Talisker
“Schechter could actually be used AGAINST the individual mandate”

That's why I posted it.
It should be.
The individual mandate violates the Tenth Amendment just as the Roosevelt Administration tried to do in Schechter.
The mandates are placed on small / medium sized businesses who operate solely intrastate.

43 posted on 06/03/2011 4:27:36 PM PDT by DaveTesla (You can fool some of the people some of the time......)
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To: stevie_d_64
Hey, you! Yes, you,... Peasant!!

You don't like how we're destroying the Constitution?

Simple solution. Just use less of it, you swine...!

44 posted on 06/03/2011 4:45:12 PM PDT by Gritty (When you replace "law" with "regulation," equality before it is one of the first casualties-Mk Steyn)
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To: JudgemAll

Because the people that follow this person are too stupid to understand anything beyond the government checks coming in their mailbox each month...

Conservatives just cain’t get enough of our people to get pizzed off enough to make a “real” difference in our elected bodies...2010 was an interesting start, but not enough...And we still have too many moderates in the ranks to be effective anyway...More work is needed...

We ain’t done yet...


45 posted on 06/03/2011 7:54:31 PM PDT by stevie_d_64 (I'm jus' sayin')
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To: stevie_d_64

Well, I’m kicking him out of Uranus...

:-P


46 posted on 06/04/2011 2:23:51 AM PDT by gogogodzilla (Live free or die!)
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To: gogogodzilla

Wait...Hang on...Now “who’s” anus are we talking about here???

I’m confused, but then again, I’ve had a couple of cold beers this early afernoon, and I don’t want to lose the buzz at this particular juncture...;-)


47 posted on 06/04/2011 9:30:12 AM PDT by stevie_d_64 (I'm jus' sayin')
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