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Subject: Why the Personal Mandate to Buy Health Insurance Is Unprecedented and Unconstitutional.
PlatypusMaximus    12/10/2009 11:50:12 AM
"Yesterday The Heritage Foundation?s Center for Legal and Judicial Studies released a Legal Memorandum written in conjunction with Georgetown University Law Center Professor Randy Barnett and Nathaniel Stewart explaining: Why the Personal Mandate to Buy Health Insurance Is Unprecedented and Unconstitutional. Introducing the paper, Sen. Orrin Hatch noted: James Madison said that if men were angels, no government would be necessary and if angels governed men, no limits on government would be necessary. Because neither men nor the governments they create are angelic, government and limits on government are both necessary for ordered liberty. Politics may tell us what we want to do, but the Constitution tells us what we may do and we must keep those separate. The ends do not justify the means for one simple reason ? liberty. Liberty requires limits on government power, it always has and it always will." On October 23rd, a reporter asked Speaker Nancy Pelosi (D-CA): ?Madam Speaker, where specifically does the Constitution grant Congress the authority to enact an individual health insurance mandate?? Speaker Pelosi shook her head and before moving on to another question replied: ?Are you serious? Are you serious??? Pressed for a more substantive response later, Pelosi?s press spokesman admonished the reporter: ?You can put this on the record. That is not a serious question. That is not a serious question.? The Congressional Budget Office (CBO) disagrees. In 1994, the CBO said of an individual mandate to buy health insurance: A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States. An individual mandate would have two features that, in combination, would make it unique. First, it would impose a duty on individuals as members of society. Second, it would require people to purchase a specific service that would be heavily regulated by the federal government. As much as Speaker Pelosi may wish otherwise, the CBO is dead on: the Supreme Court has never validated a federal power as intrusive as forcing all Americans to purchase a service due to their very existence. Sure, the Supreme Court has said that Congress may regulate a farmer?s production of wheat even if he never plans to distribute it off of his farm, and the Supreme Court has said Congress may ban the possession of Marijuana even if it is for personal use, but never before has the Supreme Court said the power to regulate commerce enabled Congress to force an individual to do something just because he existed. In fact, the Supreme Court has always been clear that the Commerce clause must have some limits. In United States v. Lopez (1995), the Court struck down the Gun-Free School Zones Act, which attempted to reach the activity of possessing a gun within a thousand feet of a school. In United States v. Morrison, it invalidated part of the Violence Against Women Act, which regulated gender-motivated violence. In both cases, the Court found the regulated activity in each case to be noneconomic; it was outside the reach of Congress?s Commerce power, regardless of its effect on interstate commerce. The case for the constitutionality of the individual mandate is far weaker than either of these two cases. Congress was at least trying to regulate an individual?s activity in the cases above. But the mandate does not purport to regulate or prohibit activity of any kind, whether economic or noneconomic. To the contrary, it purports to ?regulate? inactivity. If the individual mandate is Constitutional, then Congress could do anything. They could: require us to buy a new Chevy Impala each year to support the government-supported auto industry; require us to buy war bonds to pay for the Iraq and Afghan wars; require us to grow wheat (10 bushels each), or pay someone else to grow your share; require us to buy whatever they want. Many on the left immediately point to state mandates that drivers purchase car insurance as proof of a mandate that all Americans buy health insurance is not new. But car insurance mandates are distinguishable in at least four ways: 1) they are state requirements and states have broader constitutional authority than the federal government; 2) they apply to drivers only, not all Americans (e.g. passengers are not required to carry insurance); 3) drivers use public roads; 4) states only require drivers to insure against injury to other drivers, not to insure themselves against personal injury.
 
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xylene       12/13/2009 5:32:49 AM
This is a very good point. Obama has wrongly equated the requirement to purchase health insurance as similar to the requirement to purchase automobile insurance. That is flawed because it is not a requirement by law to own a car. It would be as if there was a government degree that all Americans must purchase a car and car insurance whether they need a car or not, which is ludicrous (not considering that fact that the government now is part owner of some car companies).
 
The only way the government would even remotely be justified, would be if they gave every person within our borders universal health care and factored that into the tax system. Universal health care in NOT what the democrats and Obama are pushing though. They are pushing a bastardized hybrid which does not cover the all the people and increases costs for the already paying public with no net betterment of services.
 
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PlatypusMaximus       12/14/2009 6:23:41 AM
We've moved beyond misinterpretation and even gross misinterpretation.
The commerce clause is one sentence. We need to ask the leaders of today's democratic party, what does the rest of the Constitution mean? What is the purpose of all that enumerated & separated powers; check & balance mumbo jumbo?
Why isn't the Constitution just one sentence reading "The government shall take good care of the people and the country."?
This is the party that taught us all about the 1978 FISA act, and 72-hour retroactive search warrants, when George Bush after 9/11 ordered the NSA to listen to satcomm originating in the middle east.
This is the party that call the Bush administration a joke?
 
"These are strange, strange people."
"Madness!"
 
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PlatypusMaximus       12/15/2009 1:25:02 PM
Liberal Interpretation of the day...or hour....ACORN has a constitutional right to your money.
Citation...judge says so, goes on to write Federal budget.

"These are strange, strange people."


"Madness!"


Judge: Keep funding ACORN

A federal judge has ruled the U.S. government's move to cut off funding to ACORN is unconstitutional. "
 
 
"Today's ruling is a victory for the constitutional rights for all Americans and for the citizens who work through ACORN to improve their communities and promote responsible lending and homeownership," ACORN CEO Bertha Lewis said in a statement.
 
 

DOJ  (led by the liberal politicians who nominate the judges who approve the funding for the organizations that vote for the liberal politicians...who nominate the......)---------has no comment.
 
 
 
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PlatypusMaximus       12/15/2009 1:31:25 PM
A Judge just granted  constitutional rights to an entity...an organization.
 
How do you do that?
 
 
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PlatypusMaximus       12/15/2009 1:33:10 PM
Also.....No more private property...that was yesterday.
 
 
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sentinel28a       12/15/2009 2:41:03 PM
It has happened before, Platypus.  It happened a few times in the 1890s, too.
 
I haven't read up on ACORN, but it may have been that the judge ruled that, since ACORN had already been promised some slush fund money in Porkulus, Congress couldn't go back and rescind it as it had already been passed into law--no tapbacks, in other words.  If that's the case, then the ruling would be lawful, and the judge would be right in saying it was unconstitutional.  ACORN shouldn't get a red cent in the future, however.
 
Still, given the crap Holder's been pulling, especially with the Black Panther case...yeah, I could see this being an abuse of the law as well.
 
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PlatypusMaximus    That's what I was thinking. No tapbacks. Tell that to the judge.   12/15/2009 5:22:22 PM
Mr. Senty, I would never imply that youdidn't have it right. you always do, and I always appreciate the information and attention to historical accuracy more than you'll ever know....I'm just continuing to rant for a moment because I found an oppotunity...it's a free country?
 
Contrary to popular belief, I am not a constitutional scholar, but it was written in English, for farmers and scholars using words, every single one having a specific definition.
Nobody has a constitutional right to money, nor a freedom from broken government promises.
If a federal judge has jurisdiction over a case involving Acorn and a congressional committee, fine.
But when they say unconstitutional, I ask where.
Where in the constitution does it allow forAcorn to get money they were promised by law, then stripped of by law? Do the taxpayers who were promised money in the form of less government funding not have rights along those same lines?
Where in the Constitution does it allow for itself to be modified according to the interpretation of judge that it created?
 
Excuse me & Sorry...Just venting. The more I think about it the more it makes me sick. 
 

 
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xylene       12/16/2009 3:52:23 AM
Wasn't the veterans of the Bonus Army promised money by the government? The government sure rescinded that promise.
 
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buzzard       12/16/2009 8:41:41 AM
Wasn't the veterans of the Bonus Army promised money by the government? The government sure rescinded that promise.
 
 Actually you have your history wrong. The Bonus Army was about getting their WW I bonus early. The bonus was legislated in 1924 to be paid in 20 years. That would make the due date 1944. However the Bonus Army wanted their payoff 12 years early. The government was right in not paying it off early. They could, however, had they been a bit smarter, offered say certificates for the bonus which could have been traded. This might have alleviated much of the problem.
 
In any case, Congress ended up giving in to popular pressure and releasing the bonuses eight years early in 1936.  So, no, the government didn't break a promise in that case. In fact they folded and gave up more (given the present value of money).
 
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PlatypusMaximus       12/16/2009 9:32:08 AM
That the government breaks promises is like saying "Hey look! A blue car!"
That they breaks contracts is like a blue car with a white car beside it.
 
My head explodes where we seem okay with the notion that Acorn has a constitutional right to not being defunded.
But to be fair, it only explodes when on the same day we decide the government can force a citizen to purchase a product and has no right to a hearing on the matter.
 
 
Fun-With-Healthcare Reform (insurance company bailout)
A family of 4 making $88,201 or more (which in America is the equivalent of idunno..say a construction worker married to a school teacher) will be forced to carry insurance or pay $15,200.
 
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