PPACA and Scotus

[piece-itpete]

I see what you're saying, but the Feds are limited in their authority over States. In theory the States have much much more power over individuals than the Feds do.

So yes, if Virginia decides it wants to force you to buy insurance, they can, if it's allowed under their State constitution. It is their sphere of power, not neccessarily the Feds.

Pete

[JJIII]

Originally Posted by piece-itpete

I see what you're saying, but the Feds are limited in their authority over States. In theory the States have much much more power over individuals than the Feds do.

So yes, if Virginia decides it wants to force you to buy insurance, they can, if it's allowed under their State constitution. It is their sphere of power, not neccessarily the Feds.

Pete

That's the way I read it.

[BlueStreak]

Originally Posted by JJIII

That's the way I read it.

That's not the way I read it.

State laws have been found, numerous times in our history, to be in violation of individual rights gauranteed by the national constitution.

Your rights as an American citizen should override any perceived right by the state to violate them. Otherwise, what is the point in having them?

[wgrr]

Originally Posted by BlueStreak

That's not the way I read it.

State laws have been found, numerous times in our history, to be in violation of individual rights gauranteed by the national constitution.

Your rights as an American citizen should override any perceived right by the state to violate them. Otherwise, what is the point in having them?

Does Little Rock, AR Central High Federal government forced integration, in 1957, ring a bell. If something is unconstitutional, and violates your rights, The Feds can step in and force states to comply with the US Constitution. It has been done before.

[BlueStreak]

Originally Posted by wgrr

Does Little Rock, AR Central High Federal government forced integration, in 1957, ring a bell. If something is unconstitutional, and violates your rights, The Feds can step in and force states to comply with the US Constitution. It has been done before.

Exactly.

[Boreas]

Originally Posted by piece-itpete

I see what you're saying, but the Feds are limited in their authority over States. In theory the States have much much more power over individuals than the Feds do.

So yes, if Virginia decides it wants to force you to buy insurance, they can, if it's allowed under their State constitution. It is their sphere of power, not neccessarily the Feds.

Pete

I wish Don would chime in on his but I'm pretty damn sure I'm right on this. No state law can violate the US Constitution. If that weren't so, the former Confederate States could have retained slavery after the 13th Amendment was ratified.

If SCOTUS bounces all or part of the Affordable Care Act no state can enact a law which replicates any of the stricken provisions.

John

[BlueStreak]

Originally Posted by Boreas

I wish Don would chime in on his but I'm pretty damn sure I'm right on this. No state law can violate the US Constitution. If that weren't so, the former Confederate States could have retained slavery after the 13th Amendment was ratified.

If SCOTUS bounces all or part of the Affordable Care Act no state can enact a law which replicates any of the stricken provisions.

John

Right. Any opponents of a given provision would use the SCOTUS precedent to argue legality.....not exactly a constitutional amendment or written law, but at that rate, it might as well be......unfortunately. This is what some of us decry as "legislating from the bench"....or at least they do when someone else does it.

I agree.

[whell]

Originally Posted by Boreas

I wish Don would chime in on his but I'm pretty damn sure I'm right on this. No state law can violate the US Constitution. If that weren't so, the former Confederate States could have retained slavery after the 13th Amendment was ratified.

If SCOTUS bounces all or part of the Affordable Care Act no state can enact a law which replicates any of the stricken provisions.

John

I don't believe you're correct on this. The SCOTUS can certainly determine that the US Constitution lacks authority for the individual mandate. That would NOT invalidate a similar provision in the MA constitution that binds only individuals residing in MA.

[merrylander]

Originally Posted by piece-itpete

I see what you're saying, but the Feds are limited in their authority over States. In theory the States have much much more power over individuals than the Feds do.
So yes, if Virginia decides it wants to force you to buy insurance, they can, if it's allowed under their State constitution. It is their sphere of power, not neccessarily the Feds.

Pete

So if Maryland decides that the First ammendment does not apply to we Marylanders that is OK? In which case you may as well set fire to the Constitution because it is meaningless.

[whell]

Originally Posted by merrylander

So if Maryland decides that the First ammendment does not apply to we Marylanders that is OK? In which case you may as well set fire to the Constitution because it is meaningless.

MA decided that all it's citizens are required to purchase health insurance. The Federal government cannot proactively esstop a state from taking such action. There is no provision for it in the Constitution. The Fed has options, however. It can use the power of the purse to coerce the state to act or not act in a certain manner, for example.

However, the citizens of that state must also act to protect their rights. There has been little legal activity in MD regarding the healthcare mandate. The citizens of MD would need to bring suit in Federal court challenging the constitutionality of the MD health care law. So far, it hasn't happened. Now, if the SCOTUS throws out the Obamacare individual mandate, it might happen. But even if SCOTUS throws out the Obamacare mandate, it would not be a slam dunk that The SCOTUS decision would serve as a guide for legal treatment of the MD health care statute.