[Amendment10]

"Supreme Court Justice Antonin Scalia seems to have faith that Congress would fix Obamacare if the Court weakens it—but not so much faith in the Congress that wrote the law in the first place."

FR: Never Accept the Premise of Your Opponent’s Argument

I hope that Justice Scalia didn’t pay for his Harvard Law School indoctrination out of his own pocket.

As noted in related threads, the states have never delegated to the feds, expressly via the Constitution, the specific power to regulate, tax and spend for intrastate healthcare purposes.

NPR: A Ruling Against Obamacare Would Have Broad Implications http://www.freerepublic.com/focus/news/3264252/posts?page=34#34

If misguided Justice Scalia really wants Congress to have the constitutional authority that it needs to tax and spend for intrastate healthcare purposes then he must do the following.

Scalia must encourage Congress to propose a healthcare amendment to the Constitution to the states for ratification. And if the states choose to ratify Scalia’s amendment then Congress will have the constitutional authority that it needs to regulate, tax and spend for intrastate healthcare purposes and Scalia will be a hero.

[Durus]

As noted in related threads, the states have never delegated to the feds, expressly via the Constitution, the specific power to regulate, tax and spend for intrastate healthcare purposes.

With all due respect the 10th amendment does not say that all powers not delegated to the Federal government belong to the states, nor do states delegate powers, the people delegate power (either to the States or to the Fed).