The Constitution and Obamacare
by Uncommon KnowledgeWhat does the Constitution really say about the most controversial policy decisions of the present day? What arguments against Obamacare have potential in court, and which are DOA?
Constitutional law experts Richard Epstein and John Yoo joined us to discuss these very issues. They examine the constitutionality of Obacamare through the lens of the “encroachment” argument (which has potential) and the “general welfare” argument, which they argue won’t work.
We also discuss CA’s Prop 8 and Judge Walker’s ruling that it violates the equal protection and due process laws in the Constitution. Yoo argues that the “right to gay marriage” is a new and invented right, and that while he is okay with gay marriage as a policy matter, a judicially imposed rule that overturns the majority of voters isn’t the way to get it done. Instead, Judge Walker essentially says that the majority of Californians are bigots .
Epstein and Yoo provide predictions for Supreme Court decisions, reflect on Bush v. Gore (ten years later!), and discuss the Supreme Court under John Roberts.
Here is the full episode:
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72 Comments
Obama only cares about the general welfare of minorities that support him in the voting booth, he cares less about constitutionality of anything since he lied about being a natural born citizen and isn't even eligible to be prez. Impeach this SOB before he tears this nation to shreds.
At some point in time, "somebody" who has a controlling legal authority (thank you Al Gore for that phrase), will go after this POTUS and his administration and stop this insanity…..
Here we go again,…
come out all you legal eagles and discuss the legaleese,……..
and party of the first part, party of the second part aspect of,…..
the State of the Union with respect to what Obama is doing.
It will all be naught,…..because if we are right and,……..
it comes time to take it to a vote,……..
the quorum will just give you the finger and,……..
come to Illinois.
Obama and the left view the Constitution as road block…They do not care about,respect,or follow it.If a law is passed they do not like they just ignore it if it does not follow their Marxist/Socialist view of the world…Ahh but the one thing that can bring them down is the Constitution and they want to limit or do away with it…Let them break the laws and then bring them down…I am starting to see all Americans getting tired of this situation and soon we can put the commmies back in their unhappy hate filled boxes.
Obama won't be impeached but, if we win, he will go down in history for treason.
I keep hoping someday to hear that Issa's balls have dropped and he'll supoena the transcripts from Occidental on Barry…………………but I doubt it.
20 years from now, after about a billion dollars has been spent on Barry's prosecution, your statement will be true.
What burns my A$$ is less than half of the country wants NoBamaDontCare, it will not keep costs down like Piglosi and Reid said but costs will go up instead, we will not be able to keep our doctor but will be forced to see a doctor the Feds tell us to, we will not get better care but will suffer from inferior care due to doctor and nurse shortages and downright rationing, medical innovation will slow down or even stop because the incentives have been removed from the system, and we are still debating if it's constitutional.
Kill it because it is an inferior plan that will burden the taxpayers with higher costs and increased suffering !!
And the Republican alternative for the $43 billion in medical bills which went unpaid in 2008 by persons who did not have insurance is: ________. In 1993, when Senate Republicans, including Hatch and Grassley, introduced a bill containing a health insurance mandate, why was it constitutional then, but not now? Hmmm.
That somebody begins with the individual and does have a real impact on the authority we have to assert power in order to bring justice back to the bench. http://standupamericaus.com/national-call-to-acti...
Make the numbers big on 3/13 and on. check out 20turns.com
Here is a little comic relief in a not so funny time. Obama The Constitutional Scholar February 25, 2011 by Ben Crystal
http://www.youtube.com/watch?v=lfWwiiVLpL4&fe...
"Government is not reason; it is not eloquent; it is force. Like fire, it is a dangerous servant and a fearful master." George Washington
You're damn right! check 20turns.com
"Why does our Constitution not authorize our government to provide health care services? Because in America we have two things that are specifically designed to do that: The free enterprise system, and charities. The government is not authorized by the Constitution to compete with either of these, nor is it necessary. Living in America means accepting personal responsibility and taking advantage of the free enterprise system to provide for yourself and your family. That is what America is all about and what separates it from other countries and makes it special to be an American."
Paraphrasing from where I read that but it's close.
Not if he breaks his neck playing B Ball or chokes on a chicken bone or one of his partiers has a crack induced homie episode and knifes him. Heck, the Chinese could even shoot down his plane while he's globe trotting looking for campaign support over in Gaza or one of his other 57 states. Think positive.
The clause "don't breed'em if you can't feed'em" needs to be put in an amendment. Penalties to include loss of voting rights followed by incarceration without sexual rights. That would end the uninsured problem rather quickly.
Could not agree with you more. Living in America does mean accepting personal responsibility. When persons refuse to accept personal responsibility, we accordingly pass laws. As a result, everyone on this site should be in favor of the insurance mandate because it will stop person who can afford insurance, but elect to play roulette with their health care expenses, from passing these cost down to society.
How about making Medicare and Medicaid reimburse for the full amount of services instead of just about 80% like they do now. A lot of the cost of our medical bills comes from having to cover our own government's underpayment.
So Forrest why don't you amplify your 'statement' and explain to all of us what four unpopular nitwit RINOs who supported the insurance mandate in a misguided attempt to thwart Hillery Care has to do with the price of tea in China here and now?
We really don't give a rats ass about rebublicans here, we care about the Constitution and small government….when are you gonna get that through your thick skull?
Or are you showing us all once again that 'stupid is as stupid does'…… Mr. Gump?
http://www.wbur.org/npr/123670612/republicans-spu...
BTW
I pray to God you and your family should never have to deal with this………………………………………..
http://www.canadafreepress.com/index.php/article/...
If the socialist Supreme Court Justices get this case, we are screwed. They don't care about the Constitution one bloody bit.
"And the Republican alternative for the $43 billion in medical bills which went unpaid in 2008 by persons who did not have insurance is: ________."
To blow up the $43 Billion dollar figure to $200 Billion dollars, paid for by taxpayers through the funding of Medicaid, fatally skyrocketing the cost of health care for everyone else due to underfunded compensation for Medicaid patients, driving the cost of private health care insurance to unsustainable levels, while simultaneously taxing those who purchase the best insurance coverage, unless they're part of a union, while also driving as many medical practitioners out of the profession as possible due to draconian rule-making by a dictatorial HHS, deciding life and death issues based on actuarial reports rather than effectiveness of treatment, and stifling medical technology by imposing ever-increasing taxes on medical devices.
.
.
.
Oh wait. No, that………….that's the "democrat" plan for fixing the problem.
Maaaaan, democrats are duuuuuuuuuumb!
So the REPUBLICAN plan is: _________.
Refreshing to hear debate sans the hyper-political "hackery."
Impeaching him wont solve anything, all impeach means is that he will go before the senate for questioning, what we need to do is throw his sorry arse OUT.
So you throw the responsible into the same pot with the irresponsible. Then why be responsible, you will only be punished for it. Socialism spreads misery equally that's why its anathema to the American system.
To send all libs/socialists/progressives/nazis/communists to Cuba.
Bye sucker !
"So the REPUBLICAN plan is: _________."
http://www.roadmap.republicans.budget.house.gov/I...
.
. http://www.roadmap.republicans.budget.house.gov/p...
Actually it means he would go before the senate on trial but since the Dems still control that it probably wouldnt go too far and even if they found him guilty it would just mean Biden taking the reins, however it would permanently be a disgrace to our liar in chief.
"To send all libs/socialists/progressives/nazis/communists to Cuba."
Yes. Where there's free health care and social utopia for all.
They'll be happy. We'll be happy. Sounds like a win-win for everyone.
Brilliant idea, Gary.
Follow the Constitution. Especially since violating is what precipitated the mess.
We will rid ourselves of most crime and have full employment at the same time.
Better tell all my employees. Say, how many payrolls have you met? I have been meeting one, twice a month for more than 25 years.
Yeah, and we can sit back and watch what happens when they demand collective bargaining rights from Castro. Hahahaha
Hopefully, the "obamacare' case reaches the SCOTUS before the election cycle in 2012 and is overturned. Regardless of the decision, if we can place a real conservative in the oval office and regain the senate and hold the majority in the house, BOcare can be defeated through refusal to fund this debacle. What we as individuals need to do is start planning for 2012. How do we do this? The various state secretaries have to be forced to cleanse the voting rolls, and the state legislatures have to clean up both the registration, absentee ballot authorization, get out the votes early for the military folks, and require a photo ID or some other ID that verifies the individual casting the votes is who he/she claims to be. Electric bill stubs or rental receipts just don't hack it anymore.
Remember that the dims are going to register and vote all cemetery residents at least twice if not more; bus in out of state and town voters; use acorn and similar organizations to register folks long gone from the state, in jail, etc; vote frequently and often; get out the illegal vote; and invent voters like they do in Chicago. Without careful scrutiny there will be such chicanery as never before seen or imagined in any previous national election. This has to be minimized. Our survival as a nation and Republic depends on it.
Sorry to say John parrots can't read….
The way congress stands now with the dims holding majority in the senate it will never happen.
We, the voter, will boot the freeloader and his trolls from office in 2012.
Hmmm. I see. First of all, a bare-bones medical insurance group plan for families in a small business group plan in Nebraska costs more than $15,000 per year. So his $5,000 or so tax credit will not go very far. But for the sake of argument, we will assume every American participates.The most recent census, stated there were more than 300 million Americans and we had a little more than 4 persons per household. So we will say there are roughly 70 million families times $5,000 per family is only $350 billion. Now that will really balance the old budget. Oh, and finally:
▫ Establishing High-Risk Pools. State health insurance high-risk pools will offer affordable coverage to individuals who would otherwise be denied coverage due to pre-existing medical conditions, making coverage affordable for those currently deemed “uninsurable.” States may offer direct assistance with health insurance premiums and/or cost-sharing for low-income and/or high-cost families.
The states will really, really like this provision. Why, I can see Governor Walker standing first in line to make certain his state will cover the costs for these high risk individuals.
Won't be the Chinese; they already own him and his regime just like they do NK.
wldbil, the guy has limited capability for conscience thought and is nothing more than a biosystem for expelling CH4 and CO2. Don't waste your time with the huff n' puff or soros plant.
You're too stupid to educate, so I won't waste my time. But suffice it to say that your little numbers scenario doesn't take into account the effect on insurance costs of buying across State lines, nor the effect on health care costs through meaningful tort reform. And about a dozen other factors that your feeble mind cannot possibly grapple with on an adult level.
Oh, where will we find you a meaningful education? I know, maybe Santa Claus, or the Easter Bunny.
Too stupid? ROTFLMAO. You just might have overlooked this one: Under Ryan’s plan, families with employer paid insurance would be taxed on the entire amount the employer contributes just as if it were wages. http://news.racinepost.com/2009/08/op-ed-closer-l... Now, that, my friend is a TAX INCREASE. Yes, a TAX INCREASE. Hmmm. How will that play with all the teabaggers, let alone the millions of Americans who have an employer contribution. But this just proves you are an idiot and have nothing of substance to add to any discussion but name calling.
Would the Island of Cuba tip over?
Obama's "Dream Team" all tied to one thing…..Cronyism! The facts are now in front of you to see!
http://floydreports.com/obama%e2%80%99s-economic-...
Obama's "Dream Team" all tied to one thing…..Cronyism! The facts are now in front of you to see!
http://floydreports.com/obama%e2%80%99s-economic-...
Obama's "Dream Team" all tied to one thing…..Cronyism! The facts are now in front of you to see!
http://floydreports.com/obama%e2%80%99s-economic-...
"But this just proves you are an idiot and have nothing of substance to add to any discussion but name calling." …………………………………
"How will that play with all the teabaggers"
and
"you are an idiot"
Classic projection from a committed leftist. (Or SHOULD be committed)
Once again, you're too stupid to take into account the effect of removing third-party payers, whether government or the "employer," from the insurance scheme. As more people shop for their own coverage, they will be motivated to find the best value for the lowest cost. Buying across State lines. Purchasing only the appropriate coverage to suit their needs. Portability. Real tort reform to lower overall health care costs. Market dynamics. etc. etc.
All of these things are far too complicated for you or your "progressive" rulers to comprehend. It's right up there with the concept of preserving freedom, which you're also too intellectually limited to perceive.
We could only hope so.
Yeah, but this bird-brain will still try.
What, you want to come back for more? Can you say: MASSIVE TAX INCREASE? I can. You think purchasing insurance across state lines is going to be the panacea? Really, Oh, I know, tort reform. Well, for the past 25 years, Nebraska has had a med-mal limit and our state constitution bans punitive damages. So guess what, our doctors pay the same as doctors in Missouri for insurance. Now go back and take your medications. I know it was hard for you to learn your old buddies plan contained a massive tax increase. In fact, if I was a doctor, I would let you double up on your pills because you are having a bad, bad day.
and,……???????
every time you paint yourself into a corner there Bo,……..
you whip out some "fact" about your private life that you think will give,….
credence to your position.
Your silly,……"43 billion" comment has been repudiated by us more times,….
than our old friend anon's,…."tax cut for 95% of Americans"
Now go make your "payroll",….and don't wory,……..
we'll do everything we can to make sure,….
you can make it for another 25 years.
Come back for more what? Laughs?
I'm not actually laughing at you, because you're more "sad" than "funny."
Apart from the fact that you "progressives" THRILL to the thought of massive tax increases, these taxes would only apply to people who choose to stay with a third-party payer, the employer who provides health care coverage as part of their pay structure. Intelligent people (not you, obviously) would see the benefit of receiving a larger paycheck, coupled with the tax credit for purchasing health insurance, and shopping for EXACTLY the coverage that they desire at the lowest possible cost. Automatic portability. Free choice. Market forces lowering cost. AND, NO TAX INCREASE.
Like I've said, you're a foolish little bunny, so I don't expect you to be able to understand the complexities of how markets are changed. That's why we're in the process of voting in some adult leadership so we can clean up the excrement that your "progressive" masters have created.
Oh, and BTW. There's more to this world than "Nebraska." (You probably didn't know that) Go check on the effect of tort reform in Texas. (That's the really big State at the bottom of a US map)
Bo I keep asking you….WHY DID CONGRESS WRITE THEMSELVES OUT OF THE LAW>>>>>Come on Bo help me bro
Bo you live in your Mom's basement…..OHHHH thats it…you want to dump your employees off on the rest of us to lower YOUR cost…..smart….
Sorry, unlike your hero, Jimmy the "Love Boat captain" O'Keefe, I do not live in my mother's basement.
"In 1993, when Senate Republicans, including Hatch and Grassley, introduced a bill containing a health insurance mandate, why was it constitutional then, but not now? Hmmm. "
Since it wasn't passed, there was no need to take it to court.
Duh.
Here Forrest….spread this around to all your O'Keefe hater friends….I'm quite sure they'll all appreciate it….
http://bigjournalism.com/sswift/2011/02/26/spot-t...
No, massive tax increases are for Republicans. After all Reagan signed the largest tax increase in American history. Aaauugh. But you knew that. As far as Texas goes, their premiums dropped a whopping 1.2% as a result of tort reform. http://www.delcotimes.com/articles/2009/01/11/opi...
W/ premiums increasing 10-20% due to Obamacare, that means that a drop of 1.2% is more like a drop of 11.2% to 21.2%.
Listen dip – If you look and care to tell the whole truth about the matter. The last figures I could find was for 2007. All the unpaid bills amounted to about $75 Billion. Of that Amt about $45 Billion was paid by Medicare, $30 Billion was paid by private charities, and the rest was Eaten by the Hospitals. Now lets see what Obama Care is going to cost us. I think that the last estimate by the CBO was well over $1 Trillion dollars over 10 years. That's over $ 100 billion a year. Lets see, which is the most costly. As it stands now, and everybody (even the uninsured) still get Medical Care through the emergency room, $45 Billion, or Obamacare at over $100 Billion and make medical care poorer for everyone? There are better ways to provide the uninsured with Medical Care, but it sure isn't Obamacare.
The Dems would not even remove Satan…
So to save the 43 BILLION obama will spend 2 TRILLION to cover the 43 BILLION? If it ONLY COST 43 Billion to cover the uninsured why don't we just cover the UNINSURED ? But NO, obama and you Dems created 100 NEW Agencies, 1600 New IRS Agents for THIS YEAR ONLY, More to come in the following years. The 2000 page Health Control Bill NOW has 20,000 pages of New REGULATIONS from HHS and MORE to COME.
As for Hatch and Grassley, these RINOs will hang with the rest of them.. NO ONE can F**K up this thing as badly as the democrats have done. And YOU agree with them ????
Uncommon Knowledge needs to have Randy Barnett on to defend his line of argument.____And I'll say it again: Richard Epstein would be my first choice to fill a SCOTUS vacancy. Not just because he's a defender of freedom, but the dude is a walking encyclopedia of constitutional jurisprudence.
And the government may regulate interstate commerce but it CANNOT "ENGAGE" IN INTERSTATE COMMERCE.
Breeding can be stopped with one aspirin…………. Hold it between your Knees….
Eric Holder's DOJ has STOPPED the cleansing of voter rolls to remove people who have moved or are DEAD because it discriminates against minorities. Discriminating against 80% of American People is OK…..
And not ONE is Competent.
Because Hatch and Grassley are Rino's. They believe in big intrusive government. They are progressives, just Republican Progressives.
Hey hey hey take your vile invective and shove up your arse you little bastard…….
If you don't have health insurance and get sick, the tax payers have to pay for it anyway- so go get health insurance please- search online "Wise Health Insurance" and learn how you can get insurance at discount price.
But you do want to dump your employees into a "pool" to lower your cost….you evil rich hack ….maybe your employees need to unionize on ya
The GOP has cut their own throat on this issue. The GOP know you have to have the mandate to save the private sector. That is why the GOP have supported the mandate going back to Nixon. Republican Senators Orin Hatch and Chuck Grassley proposed the mandate back in the early 90’s as a counter to Clinton Care.
Now the GOP have said their very own mandate is unconstitutional. The overwhelming majority of voters in America support making it illegal for the private sector to discriminate or over charge for healthcare. Once the mandate is gone we get ‘Single Payer’. The GOP have just made ‘Single Payer’ the only legal form of government run healthcare.
If the whole bill is killed the majority of the voters will just demand a new law be passed with all the good stuff for consumers without the GOP mandate. Also if the whole bill is killed those 160 GOP amendments to the bill will also be killed.
And this reply is pertinent to my comment how?
LOL
Normally when this happens to me I am somehow usually able to make the assumption that someone must have sent me this by mistake.
But, anyway, sorry if I've bothered you…….
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