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.)
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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