Regardless what misguided FDR’s state sovereignty-ignoring activist justices wanted everybody to think about the scope of Congress’s Commerce Clause powers (1.8.3) when it wrongly decided Wickard v. Filburn in Congress’s favor imo, while this hospital law protects consumers, it is an unconstitutional expansion of federal government's powers imo.
"Article I, Section 8, Clause 3: To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;"
"In every event, I would rather construe so narrowly as to oblige the nation to amend, and thus declare what powers they would agree to yield, than too broadly, and indeed, so broadly as to enable the executive and the Senate to do things which the Constitution forbids.” —Thomas Jefferson: The Anas, 1793.
"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.
"... the care of the property, the liberty, and the life of the citizen, under the solemn sanction of an oath imposed by your Federal Constitution, is in the States, and not in the Federal Government [emphasis added]." —Rep. John Bingham, Congressional Globe (See middle of third column.)
”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.
Using terms like “concept” and “implicit,” here is what was left of the 10th Amendment after FDR’s justices swept it under the carpet in Wickard v. Filburn.
"10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
"In discussion and decision, the point of reference, instead of being what was "necessary and proper" to the exercise by Congress of its granted power, was often some concept [???] of sovereignty thought to be implicit [??? emphases added] in the status of statehood." —Wickard v. Filburn, 1942
The sad thing is political discourse has shifted from debating the principles of freedom within a republic to that of how to preserve power through mob rule.