View Poll Results: Do you think the Bill will be FOUND Constitutional?

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  • Yes

    29 55.77%
  • No

    15 28.85%
  • Maybe/Other/I don't know

    8 15.38%
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Thread: Constitutionality of the Health Care Bill

  1. #11
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    Re: Constitutionality of the Health Care Bill

    Quote Originally Posted by RightinNYC View Post
    For those who are legitimately interested in the legal issues behind this, check out this great debate between some pretty smart people:

    PENNumbra—University of Pennsylvania Law Review
    Good debate. I put my money on Jack Balkin's points, as well as the other experts that have suggested a Constitutional defeat of the HC bill is unlikely.
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  2. #12
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    Re: Constitutionality of the Health Care Bill

    Quote Originally Posted by Chappy View Post
    I wonder if these states will have any standing in challenging the law.
    Quote Originally Posted by RightinNYC View Post
    What makes you think they wouldn't?
    I think states lack standing in challenging the constitutionality of the legislation because they are not themselves directly impacted by its provisions.

    Of course those states that are attempting to nullify the federal law with their own legislation will experience a sudden, violent collision with the Supremacy Clause of the Constitution and that will be the end of that.

    So, all that's left is individuals who don't want to buy insurance: basically the free loaders. I guess I don't feel much sympathy for them.
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  3. #13
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    Re: Constitutionality of the Health Care Bill

    I think the question is more about the reconciliation bill.
    "He who does not think himself worth saving from poverty and ignorance by his own efforts, will hardly be thought worth the efforts of anybody else." -- Frederick Douglass, Self-Made Men (1872)
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  4. #14
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    Re: Constitutionality of the Health Care Bill

    If it were to be found unconstitutional (and I can't imagine how) it would mean that just about every other similar bill would be found so as well, throwing our entire system of government into upheaval.

    I still haven't heard a real argument as to why this bill, among all, is unconstitutional. Many opponents just seem to think that since they don't like it, it must be.

  5. #15
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    Re: Constitutionality of the Health Care Bill

    Quote Originally Posted by RightinNYC View Post
    I'd be surprised to see the SC grant cert. Most lower courts will probably punt on it as well.
    For those of us(well, at least me) who are ignorant of court speak, can you rephrase that a bit?
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

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  6. #16
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    Re: Constitutionality of the Health Care Bill

    Quote Originally Posted by Redress View Post
    For those of us(well, at least me) who are ignorant of court speak, can you rephrase that a bit?
    The Supreme Court can decide whether to take a case or not. That's called a writ of certiorari (granting "cert"). Sometimes they just ignore the really controversial ones.

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    Re: Constitutionality of the Health Care Bill

    Quote Originally Posted by Groucho View Post
    The Supreme Court can decide whether to take a case or not. That's called a writ of certiorari (granting "cert"). Sometimes they just ignore the really controversial ones.
    That was my guess, but I have found far too often guessing gets me in trouble. Thank you for taking the time to explain.
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

    Quote Originally Posted by Fiddytree View Post
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  8. #18
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    Re: Constitutionality of the Health Care Bill

    Quote Originally Posted by Redress View Post
    For those of us(well, at least me) who are ignorant of court speak, can you rephrase that a bit?
    Although I got the gist of what he meant I had to look it up, this is a nice and succinct conveyance of what is meant in lay terms (or it was for me):

    Granting a writ of certiorari means merely that at least four of the Justices have determined that the circumstances described in the petition are sufficient to warrant review by the Court.
    [ame=http://en.wikipedia.org/wiki/Certiorari]Certiorari - Wikipedia, the free encyclopedia[/ame]
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    Re: Constitutionality of the Health Care Bill

    Somehow Case law can make supporting arguments either for or against, but should it get to the SCOTUS, case law does not fully explain this same situation. The variable with the SCOTUS is still the politics behind it - and that there are multiple states challenging this and maybe coordinating their efforts, this may provide better arguments rather than a single perspective of just the commerce clause challenge.
    “I think if Thomas Jefferson were looking down, the author of the Bill of Rights, on what’s being proposed here, he’d agree with it. He would agree that the First Amendment cannot be absolute.” - Chuck Schumer (D). Yet, Madison and Mason wrote the Bill of Rights, according to Sheila Jackson Lee, 400 years ago. Yup, it's a fact.


  10. #20
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    Re: Constitutionality of the Health Care Bill

    If they find only the part mandating participation in the government plan which is what it is, the bill will become unfunded. Think that may increase the deficit?! They sure won't back down.
    I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.--Thomas Jefferson

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