PPACA and Scotus

[whell]

Originally Posted by BlueStreak

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?

The US constitution is a document designed to specifically limit the powers of the Federal Gov't. it also states that powers not enumerated in the constitution are reserved for the states. The two scenarios you propose are therefore not incompatible.

[BlueStreak]

There are no provisions in the U.S. Constitution granting power to the federal government?

[BlueStreak]

Originally Posted by whell

The US constitution is a document designed to specifically limit the powers of the Federal Gov't. it also states that powers not enumerated in the constitution are reserved for the states. The two scenarios you propose are therefore not incompatible.

There are no examples, in our history, of the federal government having to step in and assert power in times when states violate individual rights....

[merrylander]

Originally Posted by whell

The US constitution is a document designed to specifically limit the powers of the Federal Gov't. it also states that powers not enumerated in the constitution are reserved for the states. The two scenarios you propose are therefore not incompatible.

"We the people of the United States, in order to form a more perfect union.

That was why the Constitution was written because Conferacy was not bloody well working

You left of the bit about or the people since if this is a truly democratic republic eeven the states only have the powers that free citizens are willing to grant them. States Rights Shmates Rights, what about Peoples Rights?

[BlueStreak]

Originally Posted by 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

If the SCOTUS strikes down the individual mandate as unconstitutional, a violation of my rights as an American citizen-----then, how is it constitutional for the Commonwealth of Virginia to violate this right?

[piece-itpete]

Here's some of their powers: http://www.usconstitution.net/xconst_A1Sec8.html

Consider this. The Constitution is a contract. So you and me enter a lease on a house. I can then take your car? It isn't in the contract...

When a judge says that's correct, it doesn't cover the car, that does not prevent me from owning a car.

Pete

[EDIT: the Constitution covers more than individual rights. Therefore, just because it's unConstitutional doesn't mean it's a violation of my personal rights, just that the Federal government overstepped their legal boundry.]

[BlueStreak]

What?

I think you still miss the point.

What good is having any rights as a US citizen, if your city or state can simply write these rights out of their own constitution, or legislate them away?

The federal government can't seize your weapons, but the City of New York and Mayor Bloomberg can?

[piece-itpete]

There's a basic misunderstanding going on here. The court case isn't about personal rights, that health care is or isn't a personal right. It's about whether the Federal government has the authority to force you to buy health insurance.

Pete

[whell]

Originally Posted by BlueStreak

There are no examples, in our history, of the federal government having to step in and assert power in times when states violate individual rights....

Sure there are. But there are no current lawsuits challenging the state's implementation of health reform. That's not to say that an individual or group won't challenge the MA law. However, given the left-leaning politics in that state, it seems unlikely.

[Zeke]

Originally Posted by piece-itpete

There's a basic misunderstanding going on here. The court case isn't about personal rights, that health care is or isn't a personal right. It's about whether the Federal government has the authority to force you to buy health insurance.

Pete

They seem to be able to force me to pay taxes and register for Selective Service...