It's the fruit of judicial activism, which you're endorsing.
Are you Pelosi's lawyer? New law degree? Or do you just have the DNC's arguments handy? Quoting cases and all. LOL.
We're only a humble, conservative forum here, you know? Not a courtroom, counselor.
He [Federal Judge Henry Hudson] rejected stretching the Commerce Clause to allow the government to mandate purchases, noting it opened the gate to unbridled power:
A thorough survey of pertinent constitutional case law has yielded no reported decisions from any federal appellate courts extending the Commerce Clause or General Welfare Clause to encompass regulation of a person's decision not to purchase a product, notwithstanding its effect on interstate commerce or role in a global regulatory scheme.The unchecked expansion of congressional power to the limits suggested by the Minimum Essential Coverage Provision would invite unbridled exercise of federal police powers. At its core, this dispute is not simply about regulating the business of insurance-or crafting a scheme of universal health insurance coverage-it's about an individual's right to choose to participate.
Article I, Section 8 of the Constitution confers upon Congress only discrete enumerated governmental powers. 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. See U.S. Canst. amend. X; Printz v. United States, 521 U.S. 898, 919, 117 S. Ct. 2365, 2376-77 (1997). [p. 37]
On careful review, this Court must conclude that Section 1501 of the Patient Protection and Affordable Care Act-specifically the Minimum Essential Coverage Provision-exceeds the constitutional boundaries of congressional power. [at p. 38]
ObamaCare mandate found unconstitutional by federal judge Full text of the document linked at the article linked above.
A court, using the constitution, and acts of the congress, to rule that the current congress erred and exceeded its constitutional authority is not ‘judicial activism,’ but following its constitutional directive.
I’ve been aware that you are a statist/socialist for a number of years, and am amazed that you are allowed to spew your crap here. Many that were far more tolerable than you have been zotted for much less than your insanity on this thread alone.
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