Florida attorney general: healthcare reform unconstitutional?

[futurebeachbum]

Interesting. The Florida AG is both a politician and a lawyer and cares about The Constitution. That's a combination we never see anymore.

According to this story from the CSM

?I have grave concern about the constitutionality of this mandate,? Mr. McCollum said. If passed and signed into law, the individual mandate portion of the healthcare legislation would mark the first time Congress has imposed a tax on individuals for essentially doing nothing, he said.

McCollum sent a letter on Tuesday inviting his fellow attorneys general to join his investigation. ?I believe our analysis is needed in order to provide Congress our input, and more importantly to protect our states and citizens from a potentially unconstitutional federal mandate,? he wrote in the letter.
...
At issue is whether the Constitution?s commerce clause grants Congress broad enough powers to order Americans to comply with the health insurance mandate or pay a penalty.
...
What gives the debate an extra measure of momentum is that the US Supreme Court has issued important constitutional decisions in recent years offering support to both liberals and conservatives.

Where was he when the FDA/FAA/DOA/DOE/TSA/DHS etc... were being formed?

 

[Bob]

what do you know of bill mccollum?

 

[Bob]

are you implying the fda et al. are unconstitutional?

 

[Bob]

are you mtlinscomb?

 

[futurebeachbum]

are you implying the fda et al. are unconstitutional?

Well, the text of the Tenth Amendment is pretty unambiguous:

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.

The Federal government was chartered mainly to provide for defense and international relations.

Nothing in the Constitution implies that the Federal government has the right to regulate commerce, education, etc... within the borders of a state.

For the Federal government to regulate the transportation of goods across state lines is well within their purview.

For them to regulate activities that happen within a state is pretty clearly not. They shouldn't haven't jurisdiction over what the maximum speed limit in a state should be or how a state should run its educational system. Those are rights that are clearly reserved to the states, yet, the Feds have managed to get pretty seriously involved.

 

[Lynnie]

I am hearing more rumblings of a Revolution. Where is Traderx?

 

[aggieb]

I am hearing more rumblings of a Revolution. Where is Traderx?

i dunno but i miss him. he's great.

 

[Matt J]

Interesting that Mr. McCollum decided to deal with something other than internet predators right before an election where he's being challenged for pursuing nothing but.

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.

FBB, I highlighted one of the important parts of that. Congress is the elected representational body of the people and therefore might just be standing up for them. Maybe not all of them, but there seems to be an oddly large interest in health care.

 

[30ashopper]

The senate healthcare bill is dead as of tonight. Starting over with something more liberal is impossible now. The point is moot. We might still get reform, but we won't be getting government mandated care.

 

[Lynnie]

The senate healthcare bill is dead as of tonight. Starting over with something more liberal is impossible now. The point is moot. We might still get reform, but we won't be getting government mandated care.

I agree. Everyone wants reform, but not mandates as outlined in this bill, which are incredibly expensive. Yeah - no one wants war either. Just thought I'd throw that in so no one feels the need to compare expense of health care to two wars.