Thread: BREAKING NEWS Health Care Bill Unconstitutionality VOTE!

This is great news. But I know that the democrats will vote that it is constitutional and the republicans will vote that its not. I already heard Bacus rambling off a list of professors and consitutional "experts" that said it was constitutional. I hope the republicans can counter with better and more recognized experts in constitutional law. I PRAY THAT THIS BILL WILL FINALLY DIE!

Originally Posted by butterbean

This is great news. But I know that the democrats will vote that it is constitutional and the republicans will vote that its not. I already heard Bacus rambling off a list of professors and consitutional "experts" that said it was constitutional. I hope the republicans can counter with better and more recognized experts in constitutional law. I PRAY THAT THIS BILL WILL FINALLY DIE!

The Interstate Commerce Clause

Advocates of the individual mandate, like Speaker Nancy Pelosi (D-CA) and law professor Erwin Chemerinsky, have claimed that the Supreme Court's "Commerce Clause" jurisprudence leaves "no doubt" that the insurance requirement is a constitutional exercise of that power.[10]

They are wrong.

The Commerce Clause, set forth in Article I, section 8, grants Congress the authority "[t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes."[11] From the Founding, both Congress and the Supreme Court have struggled to define the limits of that authority, but it has always been understood that some limit exists beyond which Congress may not go. To be sure, the Supreme Court has been deferential to congressional claims of authority to regulate commerce since 1937. Yet, even as it allowed Congress to exercise expansive powers over the national economy, the New Deal Supreme Court declared that:

The authority of the federal government may not be pushed to such an extreme as to destroy the distinction, which the commerce clause itself establishes, between commerce "among the several States" and the internal concerns of a State. That distinction between what is national and what is local in the activities of commerce is vital to the maintenance of our federal system.
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http://www.alipac.us/ftopict-182554.html