Posted on 01/19/2016 9:26:51 AM PST by PROCON
The Supreme Court refused Tuesday to take up an appeal that says Congress flouted the Constitution by kick-starting Obamacare in the wrong chamber.
Justices have already weighed in on the Affordable Care Act's mandates, government subsidies and birth control rules, but declined to wade into a bid by a conservative group to scrap the entire law based on the origination clause drafted by the Founding Fathers.
The Pacific Legal Foundation said the Affordable Care Act of 2010 raises hundreds of billions in taxes, making it a revenue bill subject to the founders' vision for which chamber should act first.
Since the key language of Obamacare came from the Senate, opponents said it violated another part of the Constitution that requires money bills to begin in the House.
Lower courts said the main purpose of the law was to get more Americans insured - not to fill the Treasury's coffers - and that Congress used an acceptable maneuver to bypass the clause, anyway.
(Excerpt) Read more at washingtontimes.com ...
The bill that was passed was a military housing bill (IIRC) that had passed in the House. When it went to the Senate, the Senate gutted it, inserted the 0bamacare crap, passed it, & sent it back to the House who passed that.
It may be TECHNICALLY kosher to pass bills this way, but it is CORRUPT.
[ They refuse to take on Obamacare or usurperâs eligibility or anything else that might take him down. I dunno but there might just be a pattern here. ]
9:1 odds they take on Cruz’s eligibility, because i bet you they will and the results will not be pretty, much like a majority of the decisions in the last 10 years...
Yes it does. See my tagline.
But we do not live in a Democracy.
Correct, and that's why the old saying, "Elections have Consequences" prevails.
The majority of voters fall into the low-info voter/gibmedats category.
"Don't ask me what I can do for my country, what can my country GIVE me?!"/apologies to JFK
Do you really think it takes six months to decide an argument before the court?
Pay them on a cases heard basis. They make their activities sound so special in nature and process.
Another topic is my thinking that all legislation written as a bill should undergo a supreme court review for validity as accurate to the constitution. The way it works now is any bill can pass into law, and nothing can be done after that unless you can prove harm to bring suit. That may take a decade or more sometimes. By then it's too late.
Another Constitutional check nullified.
I don’t trust any of them.
“But whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case it is unfit to exist.” ~ Lysander Spooner
“The man who puts all the guns and all the decision-making power into the hands of the central government and then says, ‘Limit yourself’; it is he who is truly the impractical utopian.” ~ Rothbard
“Constitutions and supreme courts are state constitutions and agencies, and whatever limitations to state action they might contain or find is invariably decided by agents of the very institution under consideration. Predictably, the definition of property and protection will continually be altered and the range of jurisdiction expanded to the government’s advantage until, ultimately, the notion of universal and immutable human rights—and in particular property rights—will disappear and be replaced by that of law as government-made legislation and rights as government-given grants.” ~ Hans-Hermann Hoppe
“If an agency is the ultimate judge in every case of conflict, then it is also judge in all conflicts involving itself. Consequently, instead of merely preventing and resolving conflict, a monopolist of ultimate decision making will also cause and provoke conflict in order to settle it to his own advantage. That is, if one can only appeal to the state for justice, justice will be perverted in the favor of the state, constitutions and supreme courts notwithstanding.” ~ Hans-Hermann Hoppe
“There is no crueler tyranny than that which is perpetuated under the shield of law and in the name of justice.” ~ Montesquieu
“Men are excessively ruthless and cruel not as a rule out of malice but from outraged righteousness. How much more is this true of legally constituted states, invested with all this seeming moral authority of parliaments and congresses and courts of justice! The destructive capacity of an individual, however vicious, is small; of the state, however well-intentioned, almost limitless. Expand the state and the destructive capacity necessarily expands too.” ~ historian Paul Johnson.
“SCOTUS is so bad. “
They should ALL be removed! We could take 9 people off the street and get better results. We need to change the law making them all stand for reaffirmation by the electorate.
We are SUPPOSED to be a limited government constitutional republic.
Unfortunately we have transitioned into an unlimited government popular mass democracy.
In the beginning of our republic, only property owning citizens could vote in federal elections. I know see the wisdom of that.
Historical wisdom that the self-righteous elites laugh at or ignore.
I don’t see what is “corrupt” about the process. Bills get passed in Washington all the time that way.
I can see alot of fail in this post... since both democrats and GOPers both support uni-healthcare. If someone posted “vote libertarian” then maybe I could see it as legit.
In other words, a person must undertake this wellness exam in order to assess their behavior...smoking, chewing tobacco, alcohol, sodium, cholesterol, body fat index, guns in the home...and so on. If alterations are not made in things such as this, you may be denied coverage or be forced to pay a higher premium with reduced benefits.
Didn't catch the whole story, but I can tell ya, it's more government control over your life. When obozo care passed, I knew the future of liberty had been severely breached.
Well, not ALL the time. Someone (some lefty someone) cited the number of times, I think, at the time.
Think about it. Bait & switch ring a bell? Except the 2 bills *were completely unrelated*. This would be like if I were selling you. . . a radio. But before you picked it up, I took out the electronics & replaced them with with rat poison.
It’s dishonest & it’s destructive. It’s bad faith.
Who got conned here? It’s not like the members of Congress who voted on the bill didn’t know what the reconciliation process did to the original bill.
When patriots elect Trump, or whatever conservative they elect, they also need to elect a new, state sovereignty-respecting Congress that will fire these state sovereignty-ignoring justices.
Regarding the Obamacare insurance mandate for example, note the fourth entry in the list below from Paul v. Virginia. In that case state sovereignty-respecting justices had clarified that regulating insurance is not within the scope of Congresss Commerce Clause powers (1.8.3), regardless if the parties negotiating the insurance policy are domiciled in different states.
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.
Congress is not empowered to tax for those purposes which are within the exclusive province of the States. - Justice John Marshall, Gibbons v. Ogden, 1824.
Inspection laws, quarantine laws, health laws of every description [emphasis added], as well as laws for regulating the internal commerce of a state and those which respect turnpike roads, ferries, &c., are component parts of this mass. -Justice Barbour, New York v. Miln., 1837.
4. The issuing of a policy of insurance is not a transaction of commerce [emphasis added] within the meaning of the latter of the two clauses, even though the parties be domiciled in different States, but is a simple contract of indemnity against loss. - Paul v. Virginia, 1869. (The corrupt feds have no Commerce Clause (1.8.3) power to regulate insurance.)
Direct control of medical practice in the states is obviously [emphases added] beyond the power of Congress. - Linder v. United States, 1925.
Nobody get ‘conned’. The republicans can at least SAY they all voted against it- which they did. Every. last. one.
The American people, however, did get screwed to the wall.
Republican majorities since 2014 Could PROBABLY have repealed it using reconciliation as well. That didn’t happen. All they have done is put up several *very poor* pretenses.
They think we’re stupid.
I took a lot of crap here on FR back in 2010 when I said the GOP is 100% behind most of ObamaCare. Sometimes I hate being right.
Well, that’s turned out to appear true. But, at the time, they did vote 100% against it. I guess once they started getting those ‘’donations’’ from PhRMA & the insurance lobby, it kinda undermined their resolve (assuming they ever had any).
I know what you mean! I hate it too. And I hate having to be a cynic even more.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.