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

[BlueStreak]

Originally Posted by Zeke

What's the stipulation allowing Selective Service and/or taxation?

Originally Posted by merrylander

Who is stopping competition? Certainly not the Feds. if you are going with the "cross state lines" garbonzoos, that is up to the states, not to mention being one of the dumbest ideas of the decade.

Kind of like so many companies being registered in Delaware. So how come Delaware get to dictate rules to the other 49 states.

Congress is not lacking the will to provide universal heallthcare, they are lacking the intelligence.

John not onlt Romneycare goes but also the mandate that hospitals must care for the indigent. Not that I really expect Roberts and Co. to have the wit nor wisdom to realize that.

Originally Posted by Boreas

If the SCOTUS strikes down any part of the Affordable Care Act that makes it "delegated to the United States by the Constitution". They would have no other basis for taking that decision.

That seems pretty simple to me.

John

Originally Posted by Boreas

No, states have a certain amount of latitude in the laws they enact but they can't pass a law which violates the Constitution, which enshrines the rights of all Citizens. If Obama Care goes then I think Romney Care will have to go too. Any opinion from the SCOTUS that tries to thread a path between tossing out the Affordable Care Act and maintaining the Massachusetts law won't pass the smell test.

John

Right.

As Rob has mentioned; The federal government can force hospitals, nationwide, to provide services to people who have no intention of paying. No one questions the "constitutionality" of that......But, they can't make people go out and get their own insurance?

[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

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. "

Seems pretty simple to me.

Right. Now show me the article or amendment that lists mandated purchasing of products such as insurance as something the federal government is forbidden from doing, but extends that right to the states.

[merrylander]

Welcome to the Balkan States of America.

[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?

[piece-itpete]

Health care isn't a right guarenteed by the Consititution!

As far as it being the right of the States, what ISN'T in the Constitution automatically goes to the State. So you need to find where it says that the Feds do have that right.

Pete

[JJIII]

Originally Posted by BlueStreak

Right. Now show me the article or amendment that lists mandated purchasing of products such as insurance as something the federal government is forbidden from doing, but extends that right to the states.

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. "

It's right there.

[Zeke]

Originally Posted by piece-itpete

Health care isn't a right guarenteed by the Consititution!

De facto, when Reagan dictated who received treatment at ER's, is that not what we've said?

[BlueStreak]

Originally Posted by piece-itpete

Health care isn't a right guarenteed by the Consititution!

As far as it being the right of the States, what ISN'T in the Constitution automatically goes to the State. So you need to find where it says that the Feds do have that right.

Pete

Apparently, it is. At least someone thought it was when we mandated that hospitals provide healthcare to people who never pay.

I was speaking in general terms, anyhow, Pete. Beyond healthcare.

I wonder how many laws have been changed, SCOTUS decisions written, constitutional amendments have passed, to override states laws in order to serve justice and the greater good?

I'll bet there's quite a bit of that to be found. Probably starting at a time when the founders were still in office........