Free Republic
Browse · Search
News/Activism
Topics · Post Article

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.)
[ Post Reply | Private Reply | To 16 | View Replies ]


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......)
[ Post Reply | Private Reply | To 41 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson