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Thread: Conservative Scholar: Court Should Uphold Obamacare

  1. #1
    Havakasha is offline

    Conservative Scholar: Court Should Uphold Obamacare

    More evidence I believe that the law should be upheld. If not its clearly a political act.
    There are just too many Conservative Scholars who agree its legal.

    http://www.tnr.com/blog/jonathan-coh...constitutional


    One theme of Monaghan's work is respect for precedent. And that's precisely why, he says, the Court should uphold the Affordable Care Act—even if the justices think it's bad public policy.

    The individual health mandate surely passes constitutional muster under settled judicial principles. The Constitution’s Commerce Clause grants Congress the authority “to regulate commerce ... among the several States.” ... The purported limit on congressional power favored by the mandate's opponents—between constitutionally permissible regulation of “activity ” and unconstitutional regulation of “inactivity ”—is simply unknown to Commerce Clause jurisprudence, is wholly unworkable, and makes no economic sense. ... I recognize that many persons believe the health mandate is very bad legislative policy. But the appropriate judicial response to such a complaint has long been clear. The Court was admirably forthright about the point in its ruling in Munn v. Illinois in 1876: “For protection against abuses by the Legislature, the people must resort to the polls, not the courts.”
    Last edited by Havakasha; 04-16-2012 at 03:58 PM.

  2. #2
    SiriuslyLong is offline
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    SiriuslyLong's Avatar
    Joined: Jan 2009 Location: Ann Arbor, MI Posts: 3,560
    Quote Originally Posted by Havakasha View Post
    More evidence I believe that the law should be upheld. If not its clearly a political act.
    There are just too many Conservative Scholars who agree its legal.

    http://www.tnr.com/blog/jonathan-coh...constitutional


    One theme of Monaghan's work is respect for precedent. And that's precisely why, he says, the Court should uphold the Affordable Care Act—even if the justices think it's bad public policy.

    The individual health mandate surely passes constitutional muster under settled judicial principles. The Constitution’s Commerce Clause grants Congress the authority “to regulate commerce ... among the several States.” ... The purported limit on congressional power favored by the mandate's opponents—between constitutionally permissible regulation of “activity ” and unconstitutional regulation of “inactivity ”—is simply unknown to Commerce Clause jurisprudence, is wholly unworkable, and makes no economic sense. ... I recognize that many persons believe the health mandate is very bad legislative policy. But the appropriate judicial response to such a complaint has long been clear. The Court was admirably forthright about the point in its ruling in Munn v. Illinois in 1876: “For protection against abuses by the Legislature, the people must resort to the polls, not the courts.”
    Evidence? LMFAO. Try opinion.

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