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What happens if 26 states vote for medical weed?
Message
From
02/06/2011 17:43:31
 
General information
Forum:
Politics
Category:
Other
Miscellaneous
Thread ID:
01512494
Message ID:
01512654
Views:
57
>>>Is the health care bill constitutional?
>>>
>>>Maybe. Maybe not. We'll see how it works out.
>>
>>Whichever way the courts untimately decide on this particular issue is no indication on it's underlining Constitutionality. The courts recently have been negligent at best in their duty to the Constitution.
>>
>>Forcing an individual citizen to purchase anything against their will is unconstitutional. Claiming that coercing commerce is legit under the commerce clause is laughable, regardless of which way Justice Kennedy decides to swing that day.
>
>By that reasoning income tax, Social Security, and Medicare are all unconstitutional. They are deemed to be in the public good.

They are all funded uniformly through taxation, as Congress is Constitutionally empowered.

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States
http://www.usconstitution.net/xconst_A1Sec8.html

The PPACA forces citizens to pay private companies for a service, those who do not acquire private insurance are subject to a fine.

Obama 9/23/2009 : "for us to say that you’ve got to take a responsibility to get health insurance is absolutely not a tax increase...Nobody considers that a tax increase"
http://hotair.com/archives/2009/09/23/obamateurism-of-the-day-124/

Of course that was before He signed the bill. Once signed it needed to be safe from Constitutional challenge. However, the bill stands as written.

In order to protect the new national health care law from legal challenges, the Obama administration has been forced to argue that the individual mandate represents a tax -- even though Obama himself argued the exact opposite while campaigning to pass the legislation.
...
At the time Obama made that statement, the Senate Finance Committee had just released its own health care bill, which clearly referred to the mandate penalty as an "excise tax." But in later versions, the word "tax" was stripped, because it had become too much of a political liability for Democrats. The final version that Obama signed did not describe the mandate as a tax, and used the Commerce Clause -- not federal taxing power -- as the Constitutional justification for the mandate.

http://spectator.org/blog/2010/06/17/obama-admin-argues-in-court-th#

The individual mandate is not a tax. Period. Even if it was it would fail Constitutionality due to not being "uniform", however, it is not. It is mandated intrastate commerce and as such is unconstitutional. Twice.
Wine is sunlight, held together by water - Galileo Galilei
Un jour sans vin est comme un jour sans soleil - Louis Pasteur
Water separates the people of the world; wine unites them - anonymous
Wine is the most civilized thing in the world - Ernest Hemingway
Wine makes daily living easier, less hurried, with fewer tensions and more tolerance - Benjamin Franklin
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