Not if the Constitution goes beyond its enumerated powers and the 9th and 10th amendments. The power of the federal government over the states is circumsribed by the Constitution and any amendment to the Constitution must be approved by three fourths of the states.
Ninth Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Tenth 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.
The Commerce Clause has been used to turn the states into provinces of the federal government. And that makes me sick.
Thanks! I appreciate your expertise on these legal matters.
My poorly made point was that if Obama”care” is deemed Un-Constitutional by THE NINE SUPREMES, then Romney”care” will Un-Constitutional no matter what the Mass. Supreme Court rules. Am I correct in that assertion?