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GeePeeDoHolic
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Rugerer said:
Clarence Thomas said:
If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything â€" and the federal Government is no longer one of limited and enumerated powers.
http://caselaw.lp.findlaw.com/scripts/g ... ol=03-1454
If the majority is to be taken seriously, the Federal Government may now regulate quilting bees, clothes drives, and potluck suppers throughout the 50 States. This makes a mockery of Madison's assurance to the people of New York that the "powers delegated" to the Federal Government are "few and defined," while those of the States are "numerous and indefinite."
 

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Malum Prohibitum said:
Rugerer said:
http://caselaw.lp.findlaw.com/scripts/g ... ol=03-1454[/URL]
If the majority is to be taken seriously, the Federal Government may now regulate quilting bees, clothes drives, and potluck suppers throughout the 50 States. This makes a mockery of Madison's assurance to the people of New York that the "powers delegated" to the Federal Government are "few and defined," while those of the States are "numerous and indefinite."
[/quote:2porkfnc]amen MP.
 

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Lets say the Supreme Court rules it constitutional.

This may be ignorance on my part, but could the congress/senate pass a law in the future that makes the health care laws null and void?
 

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AV8R said:
The "fix" isn't in, yet.
I agree, this is just the first shot and it'll certainly be appealed. I suspect it'll go all the way to the Supreme Court which will rule it unconstitutional.

No one should be surprised here, though. After all, Judge Steeh is a Clinton appointee - what does he care about the Constitution?
 

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Lawyer and Gun Activist
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Congress is always free to dismantle legislation that it has enacted.
It may have to be done gradually, once it has already been put in place and people have made business investments and major decisions based on it.
The only real barrier to a repeal would be if some activist Court found that taking away Obamacare would be unfair to certain minorities, who depend on the federal government to manage their lives.
 

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gunsmoker said:
Congress is always free to dismantle legislation that it has enacted.
It may have to be done gradually, once it has already been put in place and people have made business investments and major decisions based on it.
The only real barrier to a repeal would be if some activist Court found that taking away Obamacare would be unfair to certain minorities, who depend on the federal government to manage their lives.
OR it may have to be dismantled by the people
 

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psrumors said:
gunsmoker said:
Congress is always free to dismantle legislation that it has enacted.
It may have to be done gradually, once it has already been put in place and people have made business investments and major decisions based on it.
The only real barrier to a repeal would be if some activist Court found that taking away Obamacare would be unfair to certain minorities, who depend on the federal government to manage their lives.
OR it may have to be dismantled by the people
How? Congress does represent the people.
 

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GAGunOwner said:
psrumors said:
gunsmoker said:
Congress is always free to dismantle legislation that it has enacted.
It may have to be done gradually, once it has already been put in place and people have made business investments and major decisions based on it.
The only real barrier to a repeal would be if some activist Court found that taking away Obamacare would be unfair to certain minorities, who depend on the federal government to manage their lives.
OR it may have to be dismantled by the people
How? Congress does represent the people.
through the state legislators.
 

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:x I read this on another website. I imagine this is but the first shot of many.

I agree, we had to expect this from a Clinton appointee. He doesn't care about the constitution or the original intent of it.

Also, this commerce clause bullcrap has gone entirely way too far!
 

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Junior Butt Warmer
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The COTUS grants Congress the power to regulate interstate commerce if and when it occurs. This is in order to ensure it occurs smoothly and easily and without bias in the favor of any State.

It does not grant the power to create the commerce or to dictate it or to initiate it or to require it.

Our State has the power to license and register our vehicles. It does not have the power to say which grocery stores we can drive them to or how often we can drive to them or which groceries we may and may not load in our vehicles. Nor can it exercise any authority over those groceries merely because we used our vehicles to bring them home from the store.

(Yes, I realize this position is unpopular with the Congress)
 

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Malum Prohibitum said:
http://www.nytimes.com/2010/10/08/health/policy/08health.html

Judge George C. Steeh of Federal District Court in Detroit ruled that choosing not to obtain insurance qualified as an example of “activities that substantially affect interstate commerce.â€
I love that. Not doing something is an ativity. Or is it the act of choosing, which is the activity which can be regulated? Why do we even bother having a constitution? Just let the judges decide what's right and wrong.

ac·tiv·i·ty
?
?/æk?t?v?ti/ Show Spelled[ak-tiv-i-tee] Show IPA
â€"noun, plural -ties.
1.
the state or quality of being active:
2.
a specific deed, action, function, or sphere of action: social activities.
3.
work, esp. in elementary grades at school, that involves direct experience by the student rather than textbook study.
4.
energetic activity; animation; liveliness.
5.
a use of energy or force; an active movement or operation.
6.
normal mental or bodily power, function, or process.
7.
Physical Chemistry . the capacity of a substance to react, corrected for the loss of reactivity due to the interaction of its constituents.
8.
Physics .
a.
the number of atoms of a radioactive substance that disintegrate per unit of time, usually expressed in curies.
b.
radioactivity.
9.
an organizational unit or the function it performs.
 

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CoffeeMate said:
The COTUS grants Congress the power to regulate interstate commerce if and when it occurs. This is in order to ensure it occurs smoothly and easily and without bias in the favor of any State.

It does not grant the power to create the commerce or to dictate it or to initiate it or to require it.

Our State has the power to license and register our vehicles. It does not have the power to say which grocery stores we can drive them to or how often we can drive to them or which groceries we may and may not load in our vehicles. Nor can it exercise any authority over those groceries merely because we used our vehicles to bring them home from the store.
an excellent distinction.
 

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Judge is from Detroit, what ya expect?
 
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