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"Even for those of us who are very protective of states' interests, we have a very hard time finding a constitutional doctrine that protects states' rights under the general welfare clause," Rodriguez said. "The courts have seldom used the general welfare clause in any way to invalidate federal legislation."
Since the Depression era, federal courts have interpreted the commerce clause as giving Congress enormous power to impose taxes and regulate commercial activity, he said.
"The courts have upheld commerce power even when everyone knows the effect of that power has been to create winners and losers," Rodriguez said. "Legislation that has the effect of redistributing economic and political power among the states is what Congress enacts all the time."
I have to ask...if they don't sue now, when will they ever?
Originally posted by jam321
Furthermore, states are putting their reputation on the line IMO. 39 states better be right or it will be very hard for them to sue the fed in the future over 10th amendment violations.
Michigan Attorney General Mike Cox said on Monday he will join the Republican attorneys general of Florida and nine other states in challenging the constitutionality of the federal healthcare reform bill.
“Virginia is in a unique situation that allows it the standing to file such a suit since Virginia is the only state so far to pass a law protecting its citizens from a government-imposed mandate to buy health insurance,” he said. “The health care reform bill, with its insurance mandate, creates a conflict of laws between the federal government and Virginia,” Attorney General Cuccinelli said.
“Normally, such conflicts are decided in favor of the federal government, but because we believe the federal law is unconstitutional, Virginia’s law should prevail.”
Originally posted by endisnighe
I will put money the FEDERAL COURT will do the same thing it always does when they do not want to touch an issue.
NO STANDING!
Republican attorneys general in 11 states warned that lawsuits will be filed to stop the federal government overstepping its constitutional powers and usurping states' sovereignty.
States are concerned the burden of providing healthcare will fall on them without enough federal support.
Ten of the attorneys general plan to band together in a collective lawsuit on behalf of Alabama, Florida, Nebraska, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah and Washington.
Originally posted by antideceit
Originally posted by sos37
Go states! Go states! Go states!
Hopefully this sends the message to Obama and the rest of the Congressional idiots - we really don't want your version of health care reform because it sucks in the worst way.
Go back and do it from scratch the right way!
I agree with you, but has any "message" to oBambi stopped him yet in his attempts to tear down America? Not that anyone could notice. Karl Marx would be so proud of Obambi right now
Reps. Pete Hoekstra (R-MI) and Steve King (R-IA) then went out and spoke to the protesters, with King floating the possibility of secession (even though he said they should “hope” it doesn’t come to that):
KING: I just came down here so I could say to you, God bless you. … You are the awesome American people. [...]
If I could start a country with a bunch of people, they’d be the folks who were standing with us the last few days. Let’s hope we don’t have to do that! Let’s beat that other side to a pulp! Let’s take them out. Let’s chase them down. There’s going to be a reckoning!
Don't you guys realize that Obama isn't tearing down the country - he is trying to make sure that Insurance companies, Banks and BigPharma doesn't take over control of your nation?
It's political posturing, but it doesn't mean they really want to win the lawsuit, since ultimately they still want the medicaid money.
Originally posted by jam321
reply to post by HolgerTheDane
Don't you guys realize that Obama isn't tearing down the country - he is trying to make sure that Insurance companies, Banks and BigPharma doesn't take over control of your nation?
Didn't Obama make deals with them?
If he wanted to make sure he would have never made the deals. He would have done what was right for Americans without caring what Big pharma and insurance companies thought.