How is the 4th Circuit upholding the Virginia law outlawing enforcement of the individual mandate? I do not understand your reasoning. The fact is that the Virginia law is already unenforceable because it is trumped by Obama Care. The Constitution in the Supremacy Clause makes it clear that when a federal and state law directly conflict that the federal law trumps the state law and takes precedence.
Also, Virginia cannot legally send the IRS a letter threatening them of jail time if they tried to enforce ObamaCare. The real world reality is that if any Virginia law enforcement agent tried to interfere with IRS agents discharging their federal duties the the VA law enforcement agents would end up being arrested by the feds and face federal prison time.
I am staunchly against Obama care but I am just trying to explain how the rule of law works.
As most people do, you are misreading the Supremacy Clause. Here it is, with they key phrase that reverses the meaning from what you think it is in italics:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof ['thereof' refers to the Constitution]; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
Unconstitutional laws are emphatically not "made in Pursuance" of the Constitution. And that's the whole point at issue in this case.
It is logically and legally invalid to simply assume the truth of a disputed point (whether or not the law is Constitutional) to decide whether the State has standing. The Supremacy Clause can only be used to decide a legal issue once the determination has been made that the law in question is Constitutional (unless the Constitutionality of the law is not in dispute—which it is, in this case.)
Federal law trumps state law? If the state is to be the collector of a “mandate” premium, overseen by the IRS, the state has “standing”. But not, of course to a bunch of statist lib judges. This is not “rule of law” it is “interpretation of law” in favor of rule. VA, and many other states have standing, except to this bunch of jackasses.
If there is any more clear cut sign that our legislature needs to “repeal” obamacare? People will simply disobey the law. There are not enough IRS agents— we would need the new federal gestobambapo. Lovely.
Do believe there was a prior “discussion” on state’s rights that may need to be brought up again. Permanently, if anyone has the willpower.
“How is the 4th Circuit upholding the Virginia law outlawing enforcement of the individual mandate? I do not understand your reasoning. The fact is that the Virginia law is already unenforceable because it is trumped by Obama Care. The Constitution in the Supremacy Clause makes it clear that when a federal and state law directly conflict that the federal law trumps the state law and takes precedence.”
Well obviously you haven’t read the so called “supremacy clause” nor are you paying attention to the fact that they dismissed the case on the basis of grounds to sue.
That means in the opinion of the Federal Employees in black robes(An unending source of conflict of interest if ever there was one.) Virgina doesn’t have reason to sue.
Meaning its law must still be standing unchallenged. Otherwise Virgina would have reason to complain about a federal intrusting attempting to abolish their law.
I say again Ken send them letters of waring to the Federal IRS agents. Tell them if they attempt to assaults the rights of Virginians to healthcare self-determination they will be arrested and jailed!
“Also, Virginia cannot legally send the IRS a letter threatening them of jail time if they tried to enforce ObamaCare. The real world reality is that if any Virginia law enforcement agent tried to interfere with IRS agents discharging their federal duties the the VA law enforcement agents would end up being arrested by the feds and face federal prison time.”
Even the Federal Employees in black robes just declared that the Virgina law is still standing. Otherwise Virgina must have grounds to sue. The Federal Government own hand picked employees in blackrobes did not invalidate the Virgina law protecting the rights Virginia.
Any attempt by Federal IRS agents to enforce Obamacare’s individual mandate is an illegal usurpation of the rights of Virginians, and should be prosecuted to the full extent of the law.
If the Federal Government attempts to illegal interfere then those federal Agents must be arrested using whatever force necessary. I trust the State of Virgina has enough jail space to house them treasonous Federal agents.