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Why Obama Care Is Still No Sure Thing
WSJ ^ | 11/19/2012 | Capretta and Levin

Posted on 11/18/2012 9:26:03 PM PST by FreedomNotSafety

Link only. Can't copy with my phone.

(Excerpt) Read more at online.wsj.com ...


TOPICS: Business/Economy; Constitution/Conservatism; Government; News/Current Events
KEYWORDS: healthcare; medicare; obamacare; repeal
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To: montanajoe

“If the state doesn’t implement an exchange the Feds will come in and do it for them...a point missed by a lot of folks...”

So? Zero will have to get the house to appropriate the money to run the federal exchanges. And why should the States carry Zero’s water for him?

Actually, the strongest reason is . . . PORK. States are able to get $100,000,000 to $200,000,000 from the feds to study the problem, plan the exchange, and implement it. That creates huge opportunities for state lawmakers to dispense money to favored constituents. Colorado has already designed a system where the AVERAGE salary of exchange employees will be north of $150,000.


41 posted on 11/18/2012 11:53:48 PM PST by ModelBreaker
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To: FreedomNotSafety; All
Will somebody please comment about the excerpts below from Gibbons v. Ogden? I've been posting these excerpts but haven't gotten any comments, I don't think.

Regardless that Justice Roberts referenced Gibbons v. Ogden to defend his stance on Obamacare, activist Roberts seems to have wrongly ignored that Justice John Marshall had made the following statements in Gibbons that reasonably kill Obamacare.

"State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress (emphases added)." --Gibbons v. Ogden, 1824.

"Congress is not empowered to tax for those purposes which are within the exclusive province of the States." --Justice John Marshall, Gibbons v. Ogden, 1824.

The bottom line concerning Obamacare is the following. Given that the Supreme Court had previously clarified that Congress has no constitutional authority to regulate healthcare, including no power to lay taxes in the name of healhcare, healthcare a 10th Amendment protected state power issue, then Congress was required to do the following before establishing Obamacare.

Article V of the Constitution requires Congress to first successfully petition the states for an amendment to the Constitution which delegates to Congress the specific new power, in this case healthcare, in order to regulate, tax and spend for healthcare, before establishing Obamacare. So based on Justice Marshall's official statements, Obamacare was established without the necessary consent of the Article V majority.

In fact, note the following relevant page in govtrack.us. Evidently Congressman Jessie Jackson Jr. has been trying to propose a healthcare amendment for years. But govtrack.us notes that any resolution requiring an amendment to the Constitution is essentially ignored.

"Proposing an amendment to the Constitution of the United States regarding the right ..."--govtrack.us

And note the following comment under PROGNOSIS as to why such a resolution will probably never pass. You may need to scroll down a little.

'The resolution's title starts with "Proposing an amendment to the Constitution of the United." (-10%)'

42 posted on 11/19/2012 12:01:52 AM PST by Amendment10
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To: Army Air Corps

>>>What is it like to live in Bloomberg’s nanny-state fiefdom?

Weird. The subway system has grown progressively worse in the last few years: severe crowding, fewer trains, stoppages in the middle of tunnels, slowdowns, etc.

Quite unlike the late ‘90s when Giuliani was at the helm.

I also notice far more despair in terms of an alarming increase in the number of homeless I see on the street, as well as the constant parade of panhandlers in public places, as well as in the subway (on the platforms and on the cars as well). Additionally, there’s this almost constant police presence everywhere you go...

There are still plenty of shops, museums, etc., but I’ve also noticed a trend on the part of pedestrians toward looking more like San Francisco: openly gay couples — male or female (or something in between) — holding hands, embracing, kissing, etc. More “freakish” looking people with LOTS of tattoos over their whole body and body piercings (nose, eyelids, ears, including “ear gouging”).

Lots of women pushing strollers with babies, mainly (so far as I can see) Latinas. Nanny Bloomberg has also been pushing women to breast-feed rather than use bottles. I guess his campaign is working: I’ve noticed an increase in the number of women on the subway who openly breast-feed their babies . . . just like in those charming banana republic countries you read about in old issues of National Geographic.

Yes, “New York, New York, it’s a helluva town.”

That’s why I’m starting to research if there’s any place for someone like me in Texas.


43 posted on 11/19/2012 12:15:54 AM PST by GoodDay
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To: FreedomNotSafety

I guess it’s gut check time for a lot of Republican governors. Time to separate the cowardly RINO scumbags from the genuine conservatives. There’s been some big talk from a few, but I’ll wait to see real action, thank you.


44 posted on 11/19/2012 12:33:52 AM PST by Lancey Howard
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To: Fungi
Sir, what is a “fudgepacker?’

"Fudgepacker" is just a polite word for faggot.

45 posted on 11/19/2012 12:44:44 AM PST by Lancey Howard
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To: Kansas58
the Federal Exchanges do not have the business penalty and other provisions in the law.

This is a very important distinction.

46 posted on 11/19/2012 1:10:08 AM PST by D-fendr (Deus non alligatur sacramentis sed nos alligamur.)
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To: Kansas58
Meant to add, from the article:
Thus states that refuse to create their own exchanges would effectively be repealing a large part of the law—sparing their citizens from the job-killing employer mandate and from assaults on their religious liberty. In some cases people would even be spared from the individual mandate to buy coverage, since in the absence of exchange subsidies more families would qualify for exemptions from the mandate.

47 posted on 11/19/2012 1:13:49 AM PST by D-fendr (Deus non alligatur sacramentis sed nos alligamur.)
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To: montanajoe
If the state doesn't implement an exchange the Feds will come in and do it for them...a point missed by a lot of folks...

If the State implements an exchange, the Feds still run it but the State pays for it. THAT is a point missed too often.

By not implementing an exchange, a State is saved the cost - and there is no loss of control of anything.

48 posted on 11/19/2012 3:16:43 AM PST by Principled
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To: GoodDay

That’s why I’m starting to research if there’s any place for someone like me in Texas.”

Yes, there is.


49 posted on 11/19/2012 3:19:21 AM PST by ConservativeDude
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To: bitt; AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; ...

Plus, it’ll never get the votes to pass. /s

Thanks bitt.


50 posted on 11/19/2012 4:08:13 AM PST by SunkenCiv (https://secure.freerepublic.com/donate/)
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To: bitt

Obana Care is no sure thing because nobody wants it.

Let the liberal fascists prosecute all of us and send the IRS after us. They all can EFF right off.


51 posted on 11/19/2012 5:31:54 AM PST by Candor7 (Obama fascism article: http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html)
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To: wastedyears

It is THAT bad?


52 posted on 11/19/2012 6:43:13 AM PST by Army Air Corps (Four Fried Chickens and a Coke)
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To: nickcarraway
There are not enough people who think we can push back Obamacare without the Republican Party to fill a bathroom.
53 posted on 11/19/2012 8:30:11 AM PST by Kansas58
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To: nickcarraway
No, I think 3rd Parties are stupid.
That is not at all what I am trying to advocate.
I am making the point that attacking good conservatives who are resisting Obamacare is not a good idea.
54 posted on 11/19/2012 8:32:30 AM PST by Kansas58
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To: Army Air Corps

The city passed the soda ban. Yeah, it’s that bad.


55 posted on 11/19/2012 8:33:58 AM PST by wastedyears (I don't want to live on this planet anymore.)
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To: Kansas58

Yes, everyone but Republican leadership believes that. Pressure needs to be put on these Republicans to take action against Obamacare. They think if they delay, it will be too late to stop. I bet John Boehner voted for Obama.


56 posted on 11/19/2012 10:09:31 PM PST by nickcarraway
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To: Kansas58
Like your Rick Scott, who just fell in live with Obamacare.

The Republican governors were pretending to be against Obamacare until the election was over. Now that it's over, they have no intention of fighting it.

57 posted on 11/19/2012 10:26:23 PM PST by nickcarraway
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