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Excellent, relatively brief, highly readable explanation of why SCOTUS may well invalidate Obamacare.
1 posted on 04/06/2012 6:24:46 AM PDT by libstripper
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To: libstripper
As a former constitutional law professor and President of the Harvard Law Review, Obama no doubt knows...

Obama was NOT ever a constitutional law professor. He was a lecturer that was put in that position as a means of providing him with a living stipend while he was being groomed.

The only public picture of him in this capacity shows him in front of a blackboard (is that racist) with a bunch of community activist organizing nonesene on it. The cannard that he was a "professor" keeps getting repeated even by commentators that should know better.

40 posted on 04/06/2012 7:26:31 AM PDT by Obadiah
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To: libstripper
This article (published in Forbes) by Peter Ferrara that explains the reasons Obamacare will be ruled unconstitutional is definitely one of the most concise I've read. It makes the sometimes convoluted language and legalisms associated with this kind of constitutional case easily understandable to those of us who are not attorneys. I've bookmarked it for future reference when debating the issue (online) with Obama sycophants.
43 posted on 04/06/2012 7:33:52 AM PDT by Jim Scott
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To: libstripper

Overturning Obamacare is so simple, even a caveman could do it. They built the law forcing health insurers to cover everyone at the same rate. It became obvious that people weren’t going to buy coverage until they needed it which would cause the pool of payers to be only very sick people. The only way to get the pool of people to contribute was to add the individual mandate and if you didn’t pay you were assessed a fine or tax or penalty. By doing this the federal government took over policing action which is a state responsibility. The government went way beyond their limited, enumerated and regulated power and tried to insert their authority to make people do things, which states control. Even Kagan and Sotomayor should know enough about the law to vote Obamacare down. If they don’t they have no business being Supreme Court justices.


44 posted on 04/06/2012 7:33:52 AM PDT by Harley (Will Rogers never met Harry Reid.)
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To: libstripper

I am just curious how the Senate RATS could break Congressional rules and pass this bill through reconcilation, and then get away with it? does not seem right?


48 posted on 04/06/2012 7:49:50 AM PDT by rawhide
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To: libstripper

Guess We Can’t


53 posted on 04/06/2012 8:07:17 AM PDT by Berlin_Freeper
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To: libstripper
OBAMA BACK ATCHA, BACK ATCHA' BARACK
55 posted on 04/06/2012 8:15:50 AM PDT by FrankR
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To: libstripper

Absolutely spot on analysis IMHO!

Thanks for the post!


57 posted on 04/06/2012 8:22:50 AM PDT by Bigun ("The most fearsome words in the English language are I'm from the government and I'm here to help!")
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To: libstripper; The Great RJ
Thanks for posting this excellent article.

RJ says, "Obama’s attack on the SCOTUS wasn't done in ignorance of the law but to convince the ignorant . . . ."

Inasmuch as the complete statement, broken down, point by point, failed to meet a standard of truth on any level, just how ignorant does he believe American voters are?

On the other hand, where are the articulate voices among the potential GOP candidates who can and will inform and educate the electorate about these things?

Opportunities are being missed for a "teaching moment" for the benefit of keeping the flame of liberty burning for future generations.

58 posted on 04/06/2012 8:27:19 AM PDT by loveliberty2
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To: libstripper; All

I posted this in another thread related to CommieCare:

Ken Cucinelli, Virgina AJ was on EWTN’s “The World Over” with Raymond Arroyo.

He has been preparing briefs, if not actually arguing the case, but he has been in the Supreme Court Hearing Room itself with the Justices.

Paraphrasing:

Cucinelli: “I was mildly optimistic going in, but now I am much more convinced, after two sessions, that we have the 5 votes necessary to strike this down.”

Raymond: “The whole thing?”

Cucinelli: Yes, the whole bill.


62 posted on 04/06/2012 8:36:00 AM PDT by EyeGuy (2012: When the Levee Breaks)
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To: libstripper

When we have four insane anti Constitutionalists liberals anything can happen.


64 posted on 04/06/2012 8:45:02 AM PDT by Logical me
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To: libstripper

Even if shot down...the RinoCracy will be back at us with another gussied up piece of legislation attempting to render American Citizens their subjects. Prolly some environmental nonsense....


71 posted on 04/06/2012 9:30:45 AM PDT by mo (If you understand, no explanation is needed. If you don't understand, no explanation is possible.)
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To: libstripper; Clintonfatigued; seekthetruth; MinuteGal; Joe Brower; NautiNurse; 4integrity; bitt; ...

Excellent analysis in this Forbes article. It’s a must read.

Here’s the key to why the author says it will be struck down as unconstitutional:

Quote:
“The reason that at least 5 Justices are going to find the law’s individual mandate unconstitutional is that it is contrary to the fundamental federalism architecture of the Constitution. Under the Constitution, the federal government is an authority of limited, enumerated, delegated powers. All other powers of government are reserved for the states, including the broad authority labeled the “police power.” That is the power to compel individuals to take specific actions for the public good, such as actions for the public health like vaccinations or quarantines, or obtaining car insurance, or attending school. Notice that all such laws are adopted at the state or local level. (Any federal laws compelling action are based on specific delegated powers other than the Commerce Clause, like those providing for national defense, or taxation).

The power to compel the purchase of health insurance for the public good, as in Obamacare’s individual mandate, is a function of the police power reserved to the states, and denied to the federal government by the Constitution and Supreme Court precedents. If the federal government is now to hold a national police power, then the constitutional framework of federalism, with limited, enumerated powers delegated to the federal government, and the remaining powers of government retained by the states, would be obliterated.”


73 posted on 04/06/2012 10:25:26 AM PDT by JulieRNR21 (*OMG ...means Obama Must Go in 2012!)
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To: Jet Jaguar; Lady Jag; Slings and Arrows; maggief; Dog; BP2; Candor7; Ernest_at_the_Beach; Spotsy; ..

ping


79 posted on 04/06/2012 3:28:49 PM PDT by bitt (Ayn Rand “Honest people are never touchy about the matter of being trusted.”)
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To: libstripper

BUMP!


85 posted on 04/07/2012 9:26:54 PM PDT by Graewoulf ((Dictator Baby-Doc Barack's obama"care" violates Sherman Anti-Trust Law, AND U.S. Constitution.))
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