Another Federal Judge rules Obamacare unconstitutional

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Tab

Lifer
Sep 15, 2002
12,145
0
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Rights are things the government cannot take away, not things that the government must give you. I have a right to bear arms, but I'm not guaranteed a firearm from the government.

Ever heard of the police?

Did that CEO call you up and tell you that? What kind of yacht was he getting?

No, but one of the board members did infact purchase a several million dollar yacht because his company made money off my back surgery by raising insurance premiums.

How is this ethical?

Right. I agree.

General Welfare Clause.
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
4,266
126
We already decided that we are going to have universal health care in this country when we required emergency rooms to treat every comer, regardless of ability to pay. Now we just gotta decide if we are going to have universal multi-payer or universal single-payer system. Universal multi-payer only works with the individual mandate. So go ahead, get a Republican court or Republican congress to kill that idea. Then we'll talk about where we go next.

Well actually we'll talk about where a Republican controlled Congress and Presidency will take us.

Who the Democrats or Republicans vote for in an election is irrelevant. We independents will make the ultimate decision, and I think you'll find that we aren't amused with either of you. Since the Dems insisted on ramming this down our throats, booby trapping the legislation won't be unnoticed. As a result you'll be punished in the elections. That's what happened this past November, and if you think it can't happen again, well you are mistaken.


This whole mess needs to be scrapped and the health care system itself positively reformed from the standpoint of facilitating care, and reasoned assessments of how to deliver it can be made. That was never wanted. What was wanted was control and bragging rights.
 

senseamp

Lifer
Feb 5, 2006
35,787
6,197
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Well actually we'll talk about where a Republican controlled Congress and Presidency will take us.

Who the Democrats or Republicans vote for in an election is irrelevant. We independents will make the ultimate decision, and I think you'll find that we aren't amused with either of you. Since the Dems insisted on ramming this down our throats, booby trapping the legislation won't be unnoticed. As a result you'll be punished in the elections. That's what happened this past November, and if you think it can't happen again, well you are mistaken.


This whole mess needs to be scrapped and the health care system itself positively reformed from the standpoint of facilitating care, and reasoned assessments of how to deliver it can be made. That was never wanted. What was wanted was control and bragging rights.

Not before the Supreme Court makes a ruling on the individual mandate. It is essential that we narrow down the options with every reform attempt so we aren't going in circles.
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
4,266
126
Not before the Supreme Court makes a ruling on the individual mandate. It is essential that we narrow down the options with every reform attempt so we aren't going in circles.

Now I'd agree that this needs to be settled.
 

QuantumPion

Diamond Member
Jun 27, 2005
6,010
1
76
Ever heard of the police?

Wait, so the 2nd amendment, the right to keep and bear arms, doesn't actually guarantee the right to keep and bear arms, but merely guarantees the right of the state to have a police force to ostensibly protect us? That is just batshit insane.

General Welfare Clause.

So the preamble to the constitution, which states the government should promote the general welfare, grants the government unlimited power to do whatever it wants in the name of the general welfare? What is the point of explicitly listing the things the government is only allowed to do in the next article then?
 

Tab

Lifer
Sep 15, 2002
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Wait, so the 2nd amendment, the right to keep and bear arms, doesn't actually guarantee the right to keep and bear arms, but merely guarantees the right of the state to have a police force to ostensibly protect us? That is just batshit insane.

Where did I say that?

So the preamble to the constitution, which states the government should promote the general welfare, grants the government unlimited power to do whatever it wants in the name of the general welfare? What is the point of explicitly listing the things the government is only allowed to do in the next article then?

It's general welfare.
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
4,266
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It's general welfare.

Congratulations, you've invented something which has never before existed and in fact been a long disabused notion.

The United States Constitution contains two references to "the General Welfare", one occurring in the Preamble and the other in the Taxing and Spending Clause. It is only the latter that is referred to as the "General Welfare Clause" of this document. These clauses in the U.S. Constitution are exceptions to the typical use of a general welfare clause, and are not considered grants of a general legislative power to the federal government[2] as the U.S. Supreme Court has held:

  • the Preamble to the U.S. Constitution "has never been regarded as the source of any substantive power conferred on the Government of the United States or on any of its Departments";[3][4] and,
  • that Associate Justice Joseph Story's construction of the Article I, Section 8 General Welfare Clause—as elaborated in Story's 1833 Commentaries on the Constitution of the United States—is the correct interpretation.[5][6] Justice Story concluded that the General Welfare Clause is not an independent grant of power, but a qualification on the taxing power which included within it a power to spend tax revenues on matters of general interest to the federal government.
Thomas Jefferson explained the latter general welfare clause for the United States: “[T]he laying of taxes is the power, and the general welfare the purpose for which the power is to be exercised. They [Congress] are not to lay taxes ad libitum for any purpose they please; but only to pay the debts or provide for the welfare of the Union. In like manner, they are not to do anything they please to provide for the general welfare, but only to lay taxes for that purpose.”[7]


That's from Wiki. Note than the President has not appealed to the "expanded" general welfare clause you invented because he's not that stupid.
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
4,266
126
And it's not just the preamble. It's in Article 1, section 8.

And I see you haven't read about it either. Shall we have your name as the co-author of this new amendment which would have to exist for your purpose?

Hey, "General Welfare"! That means we can all quit our jobs and you'll give us free stuff. Nice.
 

senseamp

Lifer
Feb 5, 2006
35,787
6,197
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And I see you haven't read about it either. Shall we have your name as the co-author of this new amendment which would have to exist for your purpose?

Hey, "General Welfare"! That means we can all quit our jobs and you'll give us free stuff. Nice.

That's your reading of it, not mine.
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
4,266
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That's your reading of it, not mine.

Hey if you can make shit up which isn't considered correct in all our history, why can't I?

Then you opine that the judge is wrong, but the more you go on the more you sink into the mire. All the decisions and interpretations made are in error, because you say so.

Marvelous.

Please, do run to be a judge. I want to see the video of you explaining your startling epiphany of how the entire legal body within the US has been wrong all these years and that you know best.

Cut down on the peyote.
 
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spidey07

No Lifer
Aug 4, 2000
65,469
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Looks like more traction is gaining on holding Obama and his administration in Contempt of Court if they go ahead with implementing an unconstitutional law. Some states and governors are asking the consequences if they implement any parts of an unconstitutional law because it would break their oath to uphold The Constitution.

Obama is in a really bad spot here legally. Will lead to his impeachment hopefully.

When was the last time such a majority of the states (28) were so strongly against a sitting president?
 

werepossum

Elite Member
Jul 10, 2006
29,873
463
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It's not thinking from the right. It's a quote from Obama, cited on page 78 of the judge Vinson's decision:

"I note that in 2008, then-Senator Obama supported a health care reform proposal that did not include an individual mandate because he was at that time strongly opposed to the idea, stating that 'if a mandate was the solution, we can try that to solve homelessness by mandating everybody to buy a house,'"
LOL Thanks. I didn't realize that I was quoting the Messiah, but no doubt I've read or heard that quote and had it in the back of my mind.
 

Tab

Lifer
Sep 15, 2002
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Nothing here has been invented. It's unfortunate that you don't like the constitution, maybe you could vote to have it ratified?

but a qualification on the taxing power which included within it a power to spend tax revenues on matters of general interest to the federal government.
 
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Darwin333

Lifer
Dec 11, 2006
19,946
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Yeah...you can't make people buy something.....like auto insurance, or homeowner's insurance, or flood insurance if their home is in a designated flood plane or...

I think that you get the picture.

Auto insurance is mandated by states, not the Fed, and is only required if you want to drive your car on public roads. Homeowners and Flood insurance are required by the bank that holds your mortgage, not the government.
 

werepossum

Elite Member
Jul 10, 2006
29,873
463
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Auto insurance is mandated by states, not the Fed, and is only required if you want to drive your car on public roads. Homeowners and Flood insurance are required by the bank that holds your mortgage, not the government.
In Wichard v. Filburn, in my opinion a decision that ranks up there with Kelo v. New London for general horribleness and overreaching Unconstitutional federal power grabbing, SCOTUS ruled that an act enabling one to avoid commerce that could be considered interstate commerce (growing rather than buying wheat to feed one's own stock) was sufficient to give the federal government jurisdiction over one's actions and fungible property that never left one's real property. Given that precedent, it's hard for me to see SCOTUS ruling the mandate to be unconstitutional, even though personally I'd like to see the federal government's power reigned in considerably shorter than that. As a strict Originalist I'd like to see the federal government either stick to Constitutionally mandated powers, or introduce and pass Constitutional Amendments giving it the powers it thinks it needs. But it just seems to me that the mandate is rather far behind the leading edge of unconstitutional federal power grabs to be the one snipped off.
 

PeshakJang

Platinum Member
Mar 17, 2010
2,276
0
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Ever heard of the police?

Yeah... I don't understand what point you are trying to make though. The police exist to protect us from those who would seek to take away our rights to life, liberty, etc.

No, but one of the board members did infact purchase a several million dollar yacht because his company made money off my back surgery by raising insurance premiums.

How is this ethical?

What year, what company, what board member?

How much would your back surgery have cost your parents had they paid straight cash? How much (dollar value) medical treatment did you get in exchange for how much in premiums?

I'm sorry, but saying, "It cost a lot because that guy wanted a bigger yacht!" doesn't make it so.

What about the doctor that did your back surgery? I'm sure he makes plenty of money. Is it unethical that he gets paid for his services?

General Welfare Clause.

Please define what authority you think the "general welfare clause" gives congress. Please explain why you believe that the founders specifically enumerated the powers of congress and the federal government, and then included a clause that should be interpreted to mean that they have the power to do anything else beyond that which they believe to be "good".
 

matt0611

Golden Member
Oct 22, 2010
1,879
0
0
...

Please define what authority you think the "general welfare clause" gives congress. Please explain why you believe that the founders specifically enumerated the powers of congress and the federal government, and then included a clause that should be interpreted to mean that they have the power to do anything else beyond that which they believe to be "good".

If we have the general welfare clause, which according to most liberals means the federal government can do anything, and basically any law thats passed can be said to be for the "common good" (thats what general welfare means), it begs the question, what is the 10th amendment for?

"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"

So the the rest of the powers that the federal government DOES NOT have are reserved for the states. So since the federal government can do anything what the hell is the point of this amendment? It makes no sense to me.
 

Ldir

Platinum Member
Jul 23, 2003
2,184
0
0
The amount of Obamacare waivers is up to over 700:

http://www.hhs.gov/ociio/regulations/approved_applications_for_waiver.html

If this law is so great why are all of Obama's friends getting out of it?
Shouldn't laws be uniformly applied to all of us if its so great?

What an ineffective, unconstitutional, piece of garbage this bill is.

When did less than 1% become all? 2 million people, much less than 1% of all Americans. Most of them are health insurance companies. What makes them Obama's friends? Did you just pull that out of your butt? Try harder.
 

matt0611

Golden Member
Oct 22, 2010
1,879
0
0
When did less than 1% become all? 2 million people, much less than 1% of all Americans. Most of them are health insurance companies. What makes them Obama's friends? Did you just pull that out of your butt? Try harder.

When did I say all people?
About 1/4 of the waivers are for union groups. Unions = Obamas friends.
Read better.
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
4,266
126
Nothing here has been invented. It's unfortunate that you don't like the constitution, maybe you could vote to have it ratified?


If you read the rest of the article you'll find your closely cropped quote has historical legal context which shoots your argument down.

Jefferson said this isn't license to do everything because you say it's "general welfare". There's lots more, but then you would be up to speed, and heavens you wouldn't want that.

Considering that none of the three branches buy your argument, perhaps you too should be sharing your insights with them.
 

Tab

Lifer
Sep 15, 2002
12,145
0
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Yeah... I don't understand what point you are trying to make though. The police exist to protect us from those who would seek to take away our rights to life, liberty, etc.

My tax dollars are used to to pay for those that are unlucky enough to get into an unfortunate circumstance and not be able to deal with it themselves.

How is this fair?

What year, what company, what board member?

How much would your back surgery have cost your parents had they paid straight cash? How much (dollar value) medical treatment did you get in exchange for how much in premiums?

The year was 2005, I don't recall the board members name and I think the company was possibly Blue Cross?

Completely out of pocket, I'd imagine my surgery would have been around 150k to 200k, but that was just the operation itself, not the rehab, medication, check-ups, etc

I'd also, think that, there's a rather enormous difference between making enough to drive a decent car, have a glass of wine on the table than buying a several million dollar yacht.

I'm sorry, but saying, "It cost a lot because that guy wanted a bigger yacht!" doesn't make it so.

What about the doctor that did your back surgery? I'm sure he makes plenty of money. Is it unethical that he gets paid for his services?

Yes, it does make it so. CEO's, in the United States and Doctor are grossly overpaid in the United States but are US Companies and Doctors that much better than those next door or overseas? No, they're not.

Profiting off of someone's bad luck they can't control is grossly unethical, the rest of the civilized world agrees, and fortunately the US is starting to follow suit.

Please define what authority you think the "general welfare clause" gives congress. Please explain why you believe that the founders specifically enumerated the powers of congress and the federal government, and then included a clause that should be interpreted to mean that they have the power to do anything else beyond that which they believe to be "good".

Okay. http://en.wikipedia.org/wiki/Taxing_and_Spending_Clause
 
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Tab

Lifer
Sep 15, 2002
12,145
0
71
If you read the rest of the article you'll find your closely cropped quote has historical legal context which shoots your argument down.

Jefferson said this isn't license to do everything because you say it's "general welfare". There's lots more, but then you would be up to speed, and heavens you wouldn't want that.

Considering that none of the three branches buy your argument, perhaps you too should be sharing your insights with them.

Yea, and what's that about Medicare, Medicade and Social Security?
 
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