PPACA and Scotus

[icenine]

Originally Posted by piece-itpete

'We the people' decide what 'rights' we have, and what 'rights' the government has. Funny how it used to be common knowledge in this country anyway that the people are the only legitimate repository of sovreignity. Anything else is tyranny.

Ever wonder why the President swears an oath to uphold the Constitution, not the people?

Pete

Pete I do not trust you to decide what rights I have...get it?
I like your Lost In Space avatar alot better btw

[piece-itpete]

Who decides?

I liked the robot too But Alex is so much more interesting overall.

Pete

[whell]

Originally Posted by icenine

If the mandate is declared unconstitutional at the Federal Level, I believe the citizens of Massuchusetts would not be required to purchase health insurance.....it would be the supreme law of the land. Right? Or am I wrong?

I don't believe that a SCOTUS decision about the limits of Federal powers under the US constitution would, in this case, automatically apply to a state constitution. I believe that would need to be litigated separately.

[Boreas]

Originally Posted by piece-itpete

Is there anyone left on the left that believes people can govern themselves?

Pete

For the most part but you guys on the Right are out of control.

John

[JJIII]

Originally Posted by icenine

Pete I do not trust you to decide what rights I have...get it?

The country as a whole gets to decide what rights you have, guided by the Constitution.

[icenine]

Originally Posted by whell

I don't believe that a SCOTUS decision about the limits of Federal powers under the US constitution would, in this case, automatically apply to a state constitution. I believe that would need to be litigated separately.

And you could challenge the state mandate by claiming the Federal unconstitionality of the health care law.

[Boreas]

Originally Posted by whell

I don't believe that a SCOTUS decision about the limits of Federal powers under the US constitution would, in this case, automatically apply to a state constitution. I believe that would need to be litigated separately.

I'm getting really tired of you Righties squirming around, trying to get this to fit into your Anti-Obama, pro-States Rights agenda

If the basis for a SCOTUS decision to strike down the Individual Mandate (see Heritage Foundation, Newt Gingrich, et al) is the Constitution then it's gone everywhere. For the Court to rule on this one way or the other can onlymean that it falls within the Federal purview as defined in the Constitution. The Tenth Amendment doesn't apply.

The States (or the People) can't act in opposition to the decision any more than they can to any other SC decision. Let one state try to pass a law in defiance of Citizens United and see what happens.

Over 100 posts on this "debate"! Amazing!

John

[bobabode]

I didn't see my favorite in the graphs, the one where Medicare is expanded to all and Blue Cross and all of the other profiteering constructs of Nixons dirtbaggery were kicked to the curb. (citation-Nixon tapes)

I'm wondering about precedance, aren't Fed cases cited as higher court rulings with regard to and guiding state cases? Do my friends of the statey persuasion believe that all actions of the Federal courts don't apply or are severable? Based on what?

(Late to the discussion as usual but Whellie and I were discussing leeches and their efficacy in treatment of sanctimonium billious.)

[piece-itpete]

Once again, this isn't about the 'rights' of citizens, it's about the 'rights' of the Federal government. Period, stop, end of story. Black is not going to become white, regardless of our argument

Slavery is a perfect example. It didn't become illegal because the SC said it was. It became illegal because we amended the Constitution to make it so.

"The American political system is a federal system, in which constitutional authority is divided between a national government and state governments: each government is assumed to derive its powers directly from the people and therefore to have sovereignty over the policy responsibilities assigned to it. The federal system consists of nation and states, indivisible yet separate. "

,-,-,-,-,-,-

http://wiki.answers.com/Q/How_does_t...#ixzz1yG9hkmxl

Pete

[merrylander]

It was already decided, I refer you back to Oerets post #19.