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Originally posted by memnoch25
reply to post by The Old American
Actually, they do have that power. All three branches have equal power. They were created that way for the reasons the Affordable Care Act is in review now: so that one branch doesn't gain complete control over the citizenry. Each branch can check the power of the other two at any time.
Actually, they don't. Please show me, in the constitution, where it states that. If a piece of legislation makes it through the House and the Senate, then signed by the President and is unconstitutional, it is up the the People to elect a Congress to introduce new legislation.
Also, the Supreme Court, the third among equals, is actually subordinate to the regulations placed upon it by Congress.
(Article 3, section 2)
The situation we are in now is exactly what the authors of the Constitution feared. Read the Federalist Papers or Jefferson's notes on the Convention.
Originally posted by METACOMET
This is a Constitutional question. The very purpose of the Constitution is to withdraw most subjects from the vicissitudes of personal political ideology. Sorry, but just because you believe in a law does not inherently make it Constitutional.
So, Is this law Constitutional?
If you believe it is, please show the rest of us where the Constitution grants congress the power to impose the purchase of a product from a private 3rd party.
Since the constitution doesn't enumerate such powers, the law is not Constitutional. Period.
Congress may provide for the "general welfare" but only those specifically enumerated by the Constitution. So if you are counting on the general welfare clause, then you will be highly disappointed.
If you want this healthcare model then petition your STATE to enact such a law, OR petition THE PEOPLE to enact an amendment to our Constitution that actually enumerates the power to congress to mandate the purchase of insurance.
Originally posted by six67seven
Whatever court decisions happened in the past and whatever Obama said to the justice's face in the past seems to mean little to me right now. For some reason I have a bad feeling and I don't trust the SCOTUS. I hope I'm wrong but I have a feeling Obamacare is here to stay.
It's basically a one man show in the supreme court. It's already assumed that 4 will vote to uphold and 4 will vote to strike it down. If we already have 4 justices in favor of this unconstitutional mandate... I really have little faith about what's to come.
Originally posted by cconn487
Unelected Congress. Because our election process for POTUS sure is and has always been fair and balanced.
I wanna hate on Obama so much, but the only reason we aren't at war with Iran right now is because he wants to let sanctions run their course. Thats the only thing I really commend him on as another war is ridiculous.edit on 2-4-2012 by cconn487 because: (no reason given)
Originally posted by braindeadconservatives
Obama is right, the Conservative Supreme Court seems to care about freedom
when it infringes upon corporate rights, AKA profits.
The Supreme Court ruled Monday that those arrested for even minor violations may be
strip-searched before being admitted to jail, saying safety concerns outweigh personal
The court’s conservatives ruled against a New Jersey man who was strip-searched after being
mistakenly arrested on an outstanding warrant.
Too bad they have their priorities backwards - healthcare is more dangerous than giving the
government the right to stick their finger up your butt.
Originally posted by Propulsion
This is what‘s going to happen:
Kenneth (the 9th justice who will ultimately make the decision) will allow Obama-jad Care to go forward under CERTAIN CONDITIONS. He will end of removing a couple of the previsions American are up in arms over.
After those 1 or 2 previsions are removed, Americans will feel like they put Obama in his place and start patting each other’s backs. But mark my words, Obama will find a way of getting those monies from the American people. It will be subtle, and “We the Sheeple” will let it happen.
A similar scenario took place with Arizona’s illegal immigration laws. Some of the laws were upheld, but many were not.
Either way, at the end of the day, we will still have Obama-care. I guarantee it…!edit on 3-4-2012 by Propulsion because: (no reason given)
Congress Passes Socialized Medicine and Mandates Health Insurance -In 1798
The ink was barely dry on the PPACA when the first of many lawsuits to block the mandated health insurance provisions of the law was filed in a Florida District Court. The pleadings, in part, read - The Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty, that all citizens and legal residents have qualifying health care coverage. State of Florida, et al. vs. HHS It turns out, the Founding Fathers would beg to disagree. In July of 1798, Congress passed – and President John Adams signed - “An Act for the Relief of Sick and Disabled Seamen.” The law authorized the creation of a government operated marine hospital service and mandated that privately employed sailors be required to purchase health care insurance. Keep in mind that the 5th Congress did not really need to struggle over the intentions of the drafters of the Constitutions in creating this Act as many of its members were the drafters of the Constitution. And when the Bill came to the desk of President John Adams for signature, I think it’s safe to assume that the man in that chair had a pretty good grasp on what the framers had in mind.