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The Unconstutionality of Healthcare Reform

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Author Topic: The Unconstutionality of Healthcare Reform  (Read 2413 times)
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lil mike
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« on: February 02, 2011, 09:43:26 pm »

it's messed up that even in our courts this comes down to what your political upbringing is..

I was watching Lawrence O'Donnell tonight and he had a couple of guests on that said the judge was in his rights to throw out the whole bill because of the lack of the severability clause, which apparently is boilerplate for these type of bills.  So the Senate fucked up.  Thanks senate!

Seems like lilMike's hero Reagan's Soliciter General has chided in too...

http://thinkprogress.org/2011/02/02/fried-aca/

Quote
I am quite sure that the health care mandate is constitutional. … My authorities are not recent. They go back to John Marshall, who sat in the Virginia legislature at the time they ratified the Constitution, and who, in 1824, in Gibbons v. Ogden, said, regarding Congress’ Commerce power, “what is this power? It is the power to regulate. That is—to proscribe the rule by which commerce is governed.” To my mind, that is the end of the story of the constitutional basis for the mandate.

So you consider the commerce clause as unlimited?  I mean, is there anything it cant do?

Would the federal government requiring everyone to buy a GM car be constitutional?
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