Thursday, December 16, 2010

Florida: 20 States Challenge Obamacare

Bloomberg has;

Obama Administration: States Take Health-Care Fight To Court In Florida

" ..... U.S. District Judge C. Roger Vinson in Pensacola heard arguments today from lawyers for 20 states and the U.S. government on whether the act exceeds legitimate federal power.

Led by Florida Attorney General Bill McCollum, the states sued the day President Barack Obama signed the legislation in March, arguing it burdens state budgets and unconstitutionally compels people to buy coverage.

An attorney for the states attacked what he called the claim the government can regulate “inactivity,” such as not buying insurance, under its constitutional power to regulate interstate commerce...... "
“..... Individuals cannot be regulated under the Commerce Clause,” lawyer David B. Rivkin said. “Supreme Court law is perfectly consistent on this over the decades.”

Under the government’s logic, “every inactivity is economic,” he said. “The decision to sleep is not participating in the labor market. ..... ”

Makes perfectly good sense to us. If this Healthcare Fiasco is allowed to stand, and DC is allowed to force people to Buy a product or service from a private provider, ..... we've Reversed the decision reached in the War Between The States by legislative Coup.

The Commerce Clause's original intent was to prevent trade wars between states involving themselves in currency manipulation, and it's been used to expand Government to a degree that would have our Founders turning in their graves. Perhaps this latest power grab will ultimately prove a blessing in disguise.

Obamacare is clearly Unconstitutional and once it's overturned in toto, we may begin seeing this case cited as precedent to overturn a mountain of Other odious & Unconstitutional legislation which has crept/cloaked its way in under the Commerce Clause.

No comments: