- Thread starter
- #121
Look for the "Escape Hatch" W/SCOTUS
- Thread starter Yagents
- Start date
- Thread starter
- #124
Beers on me as you listen to the SCOTUS hearing:
http://www.supremecourt.gov/oral_arguments/audio/2014/14-114
http://www.supremecourt.gov/oral_arguments/audio/2014/14-114
Sebelius...........
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I need to go back and read that book the Peter Principle.
- Thread starter
- #127
This is a good recap of "how" ACA passed with Reid at the helm.
Harry Reid Saved Obamacareâ€"but at a Price That Could Still Kill It - NationalJournal.com
Harry Reid Saved Obamacareâ€"but at a Price That Could Still Kill It - NationalJournal.com
In Chef Justices Roberts Opinion in the NFIBA VS sebelius suit he States "The National Government poses only limited powers; the states and the people retain the remainder." He further states government "can exercise only the powers granted to it." "If no enumerated power authorizes Congress to pass a certain law, that law many not be enacted, even if it would not violate any of the express prohibitions in the Bill of Rights or elsewhere in the Constitution." He again refers to the power of the states by stating. The federalist No. 45, at 293 (J. Madison). The independent power of the States also serves as a check on the power of the Federal Government: By denying any one government complete jurisdiction over all the concerns of public life, federalism protects the liberty of the individual from arbitrary power." The Constitution authorizes Congress to "regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Art. I-8 cl.c. The Courts precedents read that to mean Congress may regulate "the channels of interstate commerce," persons or things in interstate commerce." and "those activities that substantially affect interstate commerce."
The language in Chef Justas Robertson opinion is the Key to having the ACA declared unconstitutional. The Federal Government is authorized to regulate commerce however the ACA allows the Federal Government to directly participate in the health insurance market, far exceeding its authority .The federal government is selling insurance directly to the public though websites wholly owned by the federal government. This places the Federal government in direct competition with its own citizens selling insurance products. The federal government has the right to mandate what can be sold but may not participate in the solicitation or the sell of the product. States may set up an exchange and sell insurance directly to the public because they are not limited by the United States Constitution. However Any legislation that allows the federal government to directly compete against its citizens is completely against the constitution and the Supreme Court has a responsibility to invalidate the law.
The language in Chef Justas Robertson opinion is the Key to having the ACA declared unconstitutional. The Federal Government is authorized to regulate commerce however the ACA allows the Federal Government to directly participate in the health insurance market, far exceeding its authority .The federal government is selling insurance directly to the public though websites wholly owned by the federal government. This places the Federal government in direct competition with its own citizens selling insurance products. The federal government has the right to mandate what can be sold but may not participate in the solicitation or the sell of the product. States may set up an exchange and sell insurance directly to the public because they are not limited by the United States Constitution. However Any legislation that allows the federal government to directly compete against its citizens is completely against the constitution and the Supreme Court has a responsibility to invalidate the law.
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The problem with your argument is that neither the Federal nor State government is selling a product here. Selling implies that they are marketing their own product. They are attempting to streamline the process to make the tax recovery part more convenient for themselves, but they do not endorse or recommend one product over another. Medicare would be more likely to fall under your argument than ACA does.
