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[The Congress shall have power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes;
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.
I was just listening to another debate and another liberal arguing that the commerce clause in the Constitution gives the Government the right to force us to buy health insurance. This is just silly and dangerous and I hope this nonsense is overturned by the Supreme Court.
The Congress can regulate commerce, they can't force you to buy a product. This violates the liberty and freedom of this country and it's amazing to me that Obama, Pelosi and Reid actually has us discussing if it's okay for the Government to force you to buy a product. This is America, not Hitler's Germany or Stalin's Russia.
If this stands then America is in deep trouble.
The Government can say the cost of dental care is going up so we want to force everyone to buy at least 1 toothbrush and one tube of toothpaste.
They can say in order to save the planet, every American has to own a hybrid vehicle.
It can go on and on.
The Commerce clause doesn't give them this power and if this is allowed to stand, it's truly a sad day in America.
Originally posted by hotpinkurinalmint
reply to post by LadySkadi
The Supreme Court has interpreted the commerce clause very broadly to include almost anything that has an affect on any interaction amongst the states. You would be hard pressed to find an activity that does is not fall under the umbrella of "interstate commerce" under the current case law.
An contemporary case that covers interstate commerce is the case of Gonzales v. Raich. The case involved someone who violated federal marijuana laws by growing a small medicinal marijuana garden for her own personal use. The garden was allowed under state law.
Five Justices, including arch-conservative Scalia, sided with the federal government. They ruled the federal government could regulate personal marijuana gardens because such gardens could have an affect on interstate commerce.
If personal marijuana gardens can have an affect on interstate commerce, surely an industry which makes up one seventh of the GDP can have an affect on interstate commerce. Thus, the HCR bill will withstand attacks based on the Commerce Clause.