Answer by ThankfullyProud at 4:20 PM on Jan. 26, 2011
I agree with this, "“”The powers delegated to the federal government are few and defined. Those which are to remain in the state governments are numerous and indefinite. The former will be exercised principally on external objects, [such] as war, peace, negotiation, and foreign commerce. The powers reserved to the several states will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people.”~James Madison
Over the MANY years~The Federal Government have been an over reaching mandating authority on many issues that are NOT a part of the US Constitution.
Answer by grlygrlz2 at 4:38 PM on Jan. 26, 2011
Feds can pass any law want, and it's temporarily the law of the land, that doesn't mean it's constitutional and needs to be made permanent. MANY people feel ObamaCare doesn't fall under our governments power based on The Commerce Clause of the Constitution:
"[The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes"
If power via The Commerce Clause requires a federal mandate for insurance, then ObamaCare is unconstitutional under the 10th Amendment:
"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."
SOME states are following the tactics of nullification, BUT the true test will comes down to whether or not the SCOTUS rules whether The Commerce Clause gives them that right.
Answer by LoriKeet at 4:40 PM on Jan. 26, 2011
And I agree with this, "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. " Also known as the 10th Amendment.
Answer by grlygrlz2 at 4:41 PM on Jan. 26, 2011
Answer by grlygrlz2 at 4:49 PM on Jan. 26, 2011
Commerce Clause: "Article 1, Section 8, Clause 3, of the Constitution empowers Congress "to regulate Commerce with foreign Nations, and among several States, and with the Indian Tribes."
Regulate does not mean MANDATE every citizen to purchase. It means the governemnt has the authority to govern the entity when it IS being sold/traded.... If I choose NOT to participate in the exchange of cash for health insurance, then I should NOT be regulated.
Answer by grlygrlz2 at 4:54 PM on Jan. 26, 2011
Answer by tnmomofive at 4:54 PM on Jan. 26, 2011
Grly, if the supreme court deems it Constitutional, that settles the matter, correct?
No. Haven't you ever heard of Court Challenges of Constitutionality?
Answer by grlygrlz2 at 6:13 PM on Jan. 26, 2011