PPACA and Scotus

[BlueStreak]

Originally Posted by Zeke

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

Well, if Saint Ronnie did it, it must be okay.

[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

[piece-itpete]

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. "

It's right there.

Indeed.

States can do things the federal government can't.

Pete

[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.

[merrylander]

Originally Posted by piece-itpete

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

Neither is driving a car, or flying a plane, or any number of other things the Framers never dreampt of

As far as it being the right of the States, what ISN'T in the Constitution automatically goes to the State.or to the people, the states only have such rights as we the people are willing to give them So you need to find where it says that the Feds do have that right.

Pete

try that on for size

[piece-itpete]

I don't understand the issue here.

Pete

[BlueStreak]

Originally Posted by piece-itpete

Indeed.

States can do things the federal government can't.

Pete

Like NYCs gun bans? I thought the national constitution says the second amendment, "....shall not be abridged."? The city can confiscated weapons, but the feds can't? Then what good is the 2nd Amendment? Shouldn't the feds then have the power to strike down NYCs anti-gun laws?

If it's a violation of your rights under the national constitution, it's a violation anywhere within the U.S. borders. If the Supreme Court of the United States strikes down the individual mandate as unconstitutional at the national level, then individual mandates of all sorts, everywhere become.................


How can I have a right (Or not.) as a U.S. citizen, but not (Or can.) as a Virginian? How can a states rights exceed what is allowed under the US constitution?

[BlueStreak]

Originally Posted by piece-itpete

I don't understand the issue here.

Pete

Do you feel that being forced to buy insurance, or anything else for that matter, by "the government" is a violation of your rights as an American citizen?

If so, then how can the State of Ohio (A government.) do just that?

[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.

[piece-itpete]

No, it isn't whether health care is a right, it's whether the Constitution gives the Feds the authority to force it.

Federalism. It's what's for supper.

Pete