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To: Mr. Know It All

By the way, I advised reading the 10th amendment to help you understand state nullification, mostly.

“what power did Congress invent?”

Most famously the power to tax directly insurance policy ownership status. Also probably pretty much everything else in the bill by pre-New Deal standards.

“They have the power to pass legislation”

Butt only in constitutionally appropriate manner (proper) and only pursuant to constitutional purposes (necessary).

“and the power to tax”

But not any old way they want. Not directly, unless it is an income tax or apportioned among the states according to population. Or if indirect, then uniform across the country. And not for any old purpose. Taxes must be raised to fund constitutional ends, meaning attendant to expressed powers, among which is not found regulation of not having insurance coverage.

“A lot of people are possessed of a rather inflated understanding of the 10th amendment”

Maybe your understanding is deflated. That is common. Along with the 9th it might as well have been erased by this point.


66 posted on 12/04/2012 8:21:17 AM PST by Tublecane
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To: Tublecane
[Discussion of Constitutionality]

Fine. Where were these winning arguments when the case actually went to the Supreme Court? Did the plaintiff's lawyers forget their notes?

67 posted on 12/04/2012 8:23:47 AM PST by Mr. Know It All
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