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

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  • Yes

    29 55.77%
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    15 28.85%
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    8 15.38%
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Thread: Constitutionality of the Health Care Bill

  1. #1
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    Constitutionality of the Health Care Bill

    I've recently heard that 12 or so states are planning to file lawsuits against the government, regarding the mandate that people must have health care. This brings up the question of whether this bill will be found constitutional or not.

    I personally believe this is a waste of time, and if it eventually appeals to the Supreme Court, it'll end there, with it being found constitutional.

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    Re: Constitutionality of the Health Care Bill

    I'd be surprised to see the SC grant cert. Most lower courts will probably punt on it as well.
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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.
    Ditto. They'll call it a political question and won't touch it with a ten-foot pole.

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    Re: Constitutionality of the Health Care Bill

    Quote Originally Posted by repeter View Post
    I've recently heard that 12 or so states are planning to file lawsuits against the government, regarding the mandate that people must have health care. This brings up the question of whether this bill will be found constitutional or not.

    I personally believe this is a waste of time, and if it eventually appeals to the Supreme Court, it'll end there, with it being found constitutional.

    Thoughts?
    I agree and that seems to be dominant opinion of most of the experts I've read as well. Here is one such opinion that cites precedence.
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    Re: Constitutionality of the Health Care Bill

    I wonder if these states will have any standing in challenging the law.
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    Re: Constitutionality of the Health Care Bill

    Though there were a lot of tensions during the debate yesterday with a couple of politicians calling this bill unconstitutional and states filling lawsuits against the bill, I doubt the courts will see it that way. I think a lot of this has to do with the critics fear of the changes being made in the current system we have (though not much is really changing at all).

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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.
    What makes you think they wouldn't?
    People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

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    Re: Constitutionality of the Health Care Bill

    I read about one state suing on the grounds that the federal government has no authority under the Commerce Clause to impose this healthcare bill on the states. That looks like the angle they are going with.

    As far as what the Court will do, I do not know. Relatively recent cases involving the Commerce Clause have gone against the federal government.

    One was United States v. Lopez which involved a federal law regulating guns in school zones. The Court struck down the federal government's power to regulate guns in school zones. Much of that ruling was based on the federal government's failure to prove the law was necessary to protect interstate commerce. The national economy was not effected by guns in school zones.

    United States v. Lopez - Wikipedia, the free encyclopedia

    Then came United States v. Morrison where a federal law involving violent crimes against women was struck down. The woman involved in the case claimed interstate commerce was affected because violent crime prevented women from seeking education and employment (etc.) in other states. The Court found this to be a bad reason to impose federal laws on the states.

    United States v. Morrison - Wikipedia, the free encyclopedia

    These two cases involve criminal activity, that was a part of the reason the Court struck them down. They felt crime was better suited to local laws. The major points of the decisions, though, were the federal government must first prove the national economy will be effected if the law is not imposed. I think the healthcare bill may pass that test but I am not certain. I would expect education and employment to be important determinants of the economy also, but the Court must have felt it had be more directly related to interstate commerce.

    Is healthcare directly related to interstate commerce, or is it more local? I think that is an important question to ask.
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    Re: Constitutionality of the Health Care Bill

    Found? No one is looking...

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    Re: Constitutionality of the Health Care Bill

    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
    People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

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