Obama agenda: A Supreme test

The Wall Street Journal: “The Supreme Court agreed Monday to review President Barack Obama's health-care overhaul, in a landmark case that could define not only Mr. Obama's presidency but the scope of federal power well into the 21st century.”

The New York Times notes how some young college students aren’t as enthusiastic about supporting Obama in 2012.

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Doesn't really matter what the Supreme Court finds on this bill. All the Fine Republican Candidates have stated emphatically that they will repeal Obamacare at their first oppurtunity. So, since it is a given that one of those Republicans will be our President for the next eight years, it doesn't really matter what the SCOTUS does. It is moot.

  • 1 vote
Reply#1 - Tue Nov 15, 2011 9:36 AM EST

I hope you are just delusional and don't know what you are talking about. I was surprised our country lasted eight years under W, I think our country is too frail to last four years under any of these Republican candidates.

  • 8 votes
#1.1 - Tue Nov 15, 2011 10:00 AM EST

Even if one of the current crop is able to win the White House (a doubtful proposition), there is still a little matter of separation of powers to consider. Presidents cannot repeal laws on their own; they need Congress to do so. And given the filibuster threshold, they would need an overwhelming majority to get past the Senate, and you can better believe that even if the Republicans took the Senate, the Dems would not be willing to work with whomever wound up with the power, and the shoe would be on the other foot.

The most that a president can do on his own would be to issue executive orders, which would slow down the implementation of Obama's health care plan.

  • 5 votes
#1.2 - Tue Nov 15, 2011 10:04 AM EST

Step by step, kids:

The commerce clause gives congress the right to regulate the insurance and the health care industry.

Yes or no? (If you say no, please inform the insurance and health care industry. I am sure they would love to hear your argument as to why so they could avoid all of the current regulations in the future.)

And since we have established (hopefully) that the commerce clause gives congress the right to regulate the health care industry let's move on to the necessary and proper clause.

The courts have found that they necessary and proper clause gives congress the power to enforce a statute, "we look to see whether the statute constitutes a means that is rationally related to the implementation of a constitutionally enumerated power." --John Roberts (see below).

So let's go slowly . . . . .

Does the necessary an proper clause give congress the power to enforce this statue (the individual mandate)?

Let's see.

Is the individual mandate a means that is rationally related to a constitutionally enumerated power? Let's examine...

What is the constitutionally enumerated power? The Commerce Clause.

What does this clause give congress the power to do in this situation? Regulate the insurance and health care industry.

What is one of the purposes of the individual mandate? (i.e. Why would congress want to regulate the insurance and health care industry?) To improve access to health care and attempt to fix the growing problems in our health care system.

Filling in the blanks.........

Is the individual mandate a means that is rationally related to regulating the insurance and health care industry in order to improve access to health care and attempt to fix the growing problems in our health care system?

YES or NO?

I think the answer is clearly yes. (If you disagree, please explain.)

===============================================

Or.....we could look at the opinion by Scalia in Gonzales v. Reich:

'The relevant question is simply whether the means chosen are “reasonably adapted” to the attainment of a legitimate end under the commerce power.'

Is the individual mandate a means that is "reasonably adapted" to regulating the insurance and health care industry (under the commerce power) in order to improve access to health care and attempt to fix the growing problems in our health care system (the legitimate end)?

YES or NO?

I think the answer is clearly yes. (If you disagree, please explain.)

===============================================

http://www.law.cornell.edu/supct/html/03-1454.ZC.html

http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/comstock2010.html

  • 3 votes
#1.3 - Tue Nov 15, 2011 11:04 AM EST

The opinions Scalia and Roberts would contridict if they ruled against the mandate:

Scalia in Gonzalas v. Raich (2005):

As we implicitly acknowledged in Lopez, however, Congress’s authority to enact laws necessary and proper for the regulation of interstate commerce is not limited to laws directed against economic activities that have a substantial effect on interstate commerce. Though the conduct in Lopez was not economic, the Court nevertheless recognized that it could be regulated as “an essential part of a larger regulation of economic activity, in which the regulatory scheme could be undercut unless the intrastate activity were regulated.” 514 U.S., at 561. This statement referred to those cases permitting the regulation of intrastate activities “which in a substantial way interfere with or obstruct the exercise of the granted power.” Wrightwood Dairy Co., 315 U.S., at 119; see also United States v. Darby, 312 U.S. 100, 118—119 (1941); Shreveport Rate Cases, 234 U.S., at 353. As the Court put it in Wrightwood Dairy, where Congress has the authority to enact a regulation of interstate commerce, “it possesses every power needed to make that regulation effective.” 315 U.S., at 118—119.

Although this power “to make … regulation effective” commonly overlaps with the authority to regulate economic activities that substantially affect interstate commerce,2 and may in some cases have been confused with that authority, the two are distinct. The regulation of an intrastate activity may be essential to a comprehensive regulation of interstate commerce even though the intrastate activity does not itself “substantially affect” interstate commerce. Moreover, as the passage from Lopez quoted above suggests, Congress may regulate even noneconomic local activity if that regulation is a necessary part of a more general regulation of interstate commerce. See Lopez, supra, at 561. The relevant question is simply whether the means chosen are “reasonably adapted” to the attainment of a legitimate end under the commerce power. See Darby, supra, at 121.

http://www.law.cornell.edu/supct/html/03-1454.ZC.html

Cheif Justice Roberts in U.S. vs Comstock (2010):

We have since made clear that, in determining whether the Necessary and Proper Clause grants Congress the legislative authority to enact a particular federal statute, we look to see whether the statute constitutes a means that is rationally related to the implementation of a constitutionally enumerated power.

http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/comstock2010.html

  • 3 votes
#1.4 - Tue Nov 15, 2011 11:05 AM EST

A unhonorable political act from the republican leadership from the git go. Purely political. No honor or common sense invloved. Health care has needed reform for decades. Will need more as time goes by. The bulk of the reforms will stand if not all. As republicans continue to polarize the country, I publicly will let it be known... you all can go to hell.

  • 1 vote
#1.5 - Tue Nov 15, 2011 1:16 PM EST
Reply

The head of Maine's Republican Party claimed voter fraud was widespread among college students and used these charges to advocate for repealing same day voter registration.

The Republican Attorney General then investigated past elections and discovered....not only was voter fraud not widespread among college students, it was non-existant. Naturally, he proceeded to send out letters to Maine college students warning them of the consequences of voter fraud.

Democrats then worked their butts off, gathering a petition to re-instate same day registration. I myself gathered 50 signatures, to that end. And the voters of Maine, by a huge majority, agreed that same day registration did not enable voter fraud, and should be reinstated.

Dear college students: you're welcome.

  • 6 votes
#2 - Tue Nov 15, 2011 9:40 AM EST

Have you noticed that the charge of voter fraud is always in republican led states? Wow. Guess the GOP doesn't know how to hold an election.

  • 5 votes
#2.1 - Tue Nov 15, 2011 9:47 AM EST

Is that an opinion or fact?

  • 1 vote
#2.2 - Tue Nov 15, 2011 10:43 AM EST

Here's my question Amy, why are people waiting until the same day to register to vote?

Is that the offical title of the AG in Maine, The Republican Attorney General? But wasn't that awesome that he did his job and investigated those charges and found nothing?

  • 1 vote
#2.3 - Tue Nov 15, 2011 10:59 AM EST

I can't believe a poster from Florida is lecturing Maine on protecting the integrity of the voting system.

Paul, the point is, Maine is a largely rural state, and it can be difficult getting to the clerk's office during normal business hours, especially when people work more than one job. Same day registration has allowed us to have one of the highest voter turnouts in the nation, which is the point of making it convenient for people to register and vote on the same week day. Obviously, younger people also find it convenient as they are less apt to be established voters. Which is the only reason the Republicans repealed same day voting - to suppress votes for Democrats.

  • 3 votes
#2.4 - Tue Nov 15, 2011 11:22 AM EST

Paul, 5th amendment Rick is trying real hard to disenfranchise voters here in Florida. Guess he has looked at his own poll numbers

  • 3 votes
#2.5 - Tue Nov 15, 2011 11:24 AM EST

Paul, it's common sense to allow voters to register the same day.

Americans work hard to provide for their family. When they are not at work, they want to spend time with their family.

Requiring them to stand in lines multiple days is what the Soviets did. Not what Americans believe in.

I wonder what George Washington would have said if he was told he would have to leave his fields to register to be able to vote a month later?

It's just like in Wisconsin. Republicans have been trying to change the recall laws to make it nearly impossible to recall them. Fortunately, one brave Wisconsin Republican Senator has publicly said the changes do not make any sense and he's voted against Walker and the Fitzgerald family agenda.

  • 3 votes
#2.6 - Tue Nov 15, 2011 11:32 AM EST

Same day registration is a necessity in this country. Why? Because we are a very transient society. We constantly move city to city, state to state. More movement in our country than any other. Why should I not be allowed to vote just because I moved last month or last week or yesterday? Just asking. Voter fraud is always associated with the pollsters or campaign operatives. I don't know of a single case were someone not authorized to vote did. But if someone knows of any convicted case of a person voting even though they had lost or no right to do so please post the legal decision for me. I'm just curious how "wide spread" this is. Remember I want the legal decision, not hype.

  • 2 votes
#2.7 - Tue Nov 15, 2011 11:46 AM EST

Amy,

Ok, I'm a person, not a State and how do you confuse my question with a lecture? Your AG did his job-right? You put the title in from of AG, not me.

So what you're saying is true about same day registration, wouldn't that also effect Republicans too? Or are you saying only Republicans register before the day of an election? See, your arguement would effect everyone, not just Democrats. So you're telling me it takes 2-4 years to find time to go register to vote?

Phine,

How so, I live in Florida, inform me? One thing I like what Scott did, drug test the people that get State Aid.

Dan,

Soviets didn't vote, they waited for food which was controlled and regulated by their Government. See, look at Wisconsin, it took a Republican to tell another Republican that he/she was wrong. Now give me a good example of a Democrat telling another Democrat the same and then I'll buy your arguement.

  • 1 vote
#2.8 - Tue Nov 15, 2011 11:58 AM EST

Ana,

I understand what you're saying and I know in certain States you must register within a certain time period. I believe Florida it's 30 days, no sure though, but there's a time period. Let's use your example of moving "just yesterday", now how would the district that you're voting know that you're not voting in another district? The paperwork can't be done in one day. I would bet you it's been tried or done on just the example I gave you.

  • 1 vote
#2.9 - Tue Nov 15, 2011 12:09 PM EST

Paul,

How can you be OK with a politician claiming voter fraud is widespread among a certain group of voters, when it is not? And using that lie to change public policy, not to protect the sytstem, but to decrease the number of people voting, on the theory that less established voters (students, poor people) are more likely to vote Democratic?

I suppose we should be "glad" the attorney general didn't fabricate instances of fraud, but I think that's setting the bar pretty low, for what is expected of a public official. I would say, sending letters to college students warning of the consequences of voter fraud, when you have just determined that fraud is non-extistent, is tantamont to voter suppression. What Republicans are doing is trying any means is to discourage folks from voting, in hopes of winning more elections. My question is, why aren't they trying to win the old fashioned way: by putting forth better arguments, running qualified candidates, and performing well once they are in office? That's the point.

  • 4 votes
#2.10 - Tue Nov 15, 2011 12:14 PM EST

Most election fraud is done at the level of those counting the votes, or, as we saw back in 2000 and '04, right at where the votes are being collected (can you say Diebold anyone?) In the far past it has been both sides that manipulate elections, however, for the past 12-15 years it has been primarily the Republicans who have been blatantly guilty of this sort of manipulation and yet it is they who are complaining the most. Perhaps it is the FACT that we are on to their games and shenanigans and have, in most states, outlawed the unverifiable, paper-trailless voting machines and so the Repubs are having to resort to other methods in order to skew the elections. Perhaps if the Repubs were to actually start representing ALL of their constituencies (instead of the 1% that seems to control them absolutely) then they would not HAVE to resort to cheating to win.

However Cheating, Obstruction, Lies, Denial, Distortion and Ignoring the True Wants and Needs of the Public are what truly defines the Republican/TPers party today....And The Public Knows That..which is why the Right HAS to rely on cheating in order to win!

Exactly Amy!

  • 6 votes
#2.11 - Tue Nov 15, 2011 12:14 PM EST

Amy.

Where are you seeing that I'm saying it's OK for anything? So what you're saying is that students shouldn't know the punishment for voting fraud for just information sake? Here's my point, someone brought up voting fraud, the AG looked into it and found nothing, thus doing his/her job-right? So in-turn why can't the AG also say, "If fraud is commited, this will be your penalty". I can see it being a general announcement for everyone, not just one political party.

B.Honest,

Really? So I guess the voting fraud in Indiana in October didn't happen eh? Don't be so ignorant and blind.

    #2.12 - Tue Nov 15, 2011 12:37 PM EST

    Paul, do you mean the Voter REGISTRATION Fraud in '08 during the Democratic Primary that had fewer than 100 convictions that Faux Neus made such a big deal over while ignoring the REAL Frauds posed by the Repubs? There is a MAJOR difference between that and the (at least) Hundreds of Thousands to Millions of votes that were switched, 'lost' or plain not counted via Diebold during the National Elections in 2000 and'04?

    No Comparison

    • 5 votes
    #2.13 - Tue Nov 15, 2011 12:53 PM EST

    Keep your blinders on B.Honest, just pull that one lever that as a picture of a donkey on it. Amazing........

      #2.14 - Tue Nov 15, 2011 2:41 PM EST

      Look up USNews and the author Peter Roff and you might learn something. It's a good article and you might learn something.

        #2.15 - Tue Nov 15, 2011 2:46 PM EST

        Now why would anyone with common sense wish to pull the tail of a donkey during this next election? The real downfall of the economy was caused by the a$$e$ from this group.

        Spend funds you don't have and spend your way to prosperity. If it sounds too good to be true, it usually is.

          #2.16 - Tue Nov 15, 2011 2:48 PM EST
          Reply

          I find it very amusing that conservatives are so confident the law will be deemed unconstitutional, yet stuggle to come close to presenting a valid constitutinal argument as to why.

          • 7 votes
          Reply#3 - Tue Nov 15, 2011 11:07 AM EST

          The GOP kind of reminds me of a 2 year old's temper tantrum. Unfortunately, their tantrums hurt the country.

          • 2 votes
          #3.1 - Tue Nov 15, 2011 11:25 AM EST
          Reply

          It does not matter if you are democrat or republican. Washington is full of crooks. The 1% rules Washington with cash. Every person running for office falls prey to cash, and gives in to the 1%. A radical change would be to a third party to be started that has the best of both parties and the morale fortitude to do what is right. We were all once immigrants to this beautiful country. Our forefathers fought hard and worked hard to get what we have. No hand outs. No entitlements. No loops holes. What we to start again is for our community fellowships to help each other in the community. We need people to have thoughtfulness instead of greed. We need the "WE Generation” instead of the "ME Generation”.

          It is time to go forward. People must pull together. Communities must reestablish themselves and help each other. The media needs to be reignited to look for the good. We need to send real people to represent us; not lawyers, businessmen, actors, and the rich. We need the true blue collars that made mistakes and learned. Who worked hard and are not looking for a free government ride. Who love this country and do not care about race, ethnicity or being politically correct. Men and Women who truly want to make America #1 again. This is what we need.

          We must Remember the past, but you can never go back.

            Reply#4 - Tue Nov 15, 2011 12:41 PM EST

            Desi... I'd agree w/ most of what u say. But not the part about a 3rd Party. That would just require 30% more money in the race. It would divide the vote making it easier for one of the majors to win. If a 2 party race has any virtue, its that the winner is mathmatically assured of majority victory. The problem is not the number of parties, it is the money. Give each candidate an equal amount and put them in jail if caught taking a cent from private sources. The very best indicator of fiscal management and strategy as Pres. might be which got the most bang for the same bucks. At the least, we'd know nobody bought the soul of our gov't by financing an obscenely expensive campaign.

            • 2 votes
            #4.1 - Tue Nov 15, 2011 1:47 PM EST
            Reply

            I do not need an argument, Barack will go down as the worst president ever. That well is poisoned. the ruling will be 5 to 4. No need to argue, I cannot wait to see this go down. Liberals lose again, too bad soo sad. (sidenote), why are left leaning men and women so unattractive, just saying!

            • 2 votes
            Reply#5 - Tue Nov 15, 2011 1:05 PM EST

            Well Pony,

            What will the liberals say when it does go down? Will they blame it on Bush, or the Republican SCOTUS?

            I don't feel this law is Constitutional, but even if supported, funding can be prevented from happening. Perhaps we can see something more interesting presented from the newly elected President.

              #5.1 - Tue Nov 15, 2011 2:32 PM EST
              Reply

              Even if not repealed, the bill will be unfunded from congress which makes the whole argument moot.

                Reply#6 - Tue Nov 15, 2011 1:31 PM EST

                Or just give everyone a waiver...

                • 1 vote
                Reply#7 - Tue Nov 15, 2011 2:27 PM EST

                Are you all in agreement that if a person who doesn't have insurance, gets sick, should he have to die because he has no insurance? Is this person still a asset or a liability?

                  Reply#8 - Tue Nov 15, 2011 4:26 PM EST
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