Amendment?
The Tenth Amendment
"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."
What will Obama do? Texas and Florida are already considering nullifying Obamacare, several other states have declared sovereignty on this issue.|||You're approaching this in the wrong way. The health care bill is Unconstitutional. Period.
My question is for all of the Constitutional scholars in the Yahoo! Answers forum: Please point me to line that authorizes the United States Government to enact "universal" health care. "General welfare" does not pertain to medical procedures. One must understand not only the face-value intent of their verbiage, but the spirit of the verbiage. The Founding Fathers were what would be considered today as Libertarians: government-run -anything- is antithetical to the sum of the Constitution.
What some of the quarter-wits in this forum are suggesting is that while the Founding Fathers had a non-interference attitude in virtually all aspects of life, they had no problem shackling a massive portion of the population (and therefore the economy) in the abject failure of central planning.? If this falls under "General Welfare", why doesn't the government provide us with food, cars, clothing, and jobs? Is this not "essential" and general to our welfare? Using "General Welfare" as your criteria, virtually anything would fall into this broad-based category!
Article I, Section 8: Rationalization for unending intrusions into State-level affairs was argued a long time ago in the Federalist Papers. It was concluded that promoting the General Welfare would be accomplished by Congress simply fulfilling its duties listed in the remainder of Article I, Section 8, Clauses 1-18. To argue otherwise suggests that Congress has the power to do anything it wishes under the guise of "promoting the General Welfare"...anything... such as implementing the Patriot Act, for example, or the Military Commissions Act, or the REAL ID Act. Today's Congress would argue (and has argued) that all of those are for our general well-being.
Think dammit; it isn't too late to start.
I love the rationale: "It's a losing argument". My, how far we've devolved that an argument steeped in Constitutionality is simply labeled a losing argument. How revealing. How tragic.
"But you must remember, my fellow-citizens, that eternal vigilance by the people is the price of liberty, and that you must pay the price if you wish to secure the blessing. It behooves you, therefore, to be watchful in your States as well as in the Federal Government." -- Andrew Jackson, Farewell Address, March 4, 1837
P.S. Michael P in NJ: The only thing Obama knows about the 10th Amendment is where to find it, so he can effectively evade it.|||I will fight it. I am the one in control, not them. I am trying to destroy everything good in America. I will not stand by idly while people try to defy my power.|||I'll be shocked to see it actually happen, but pleased if they do. The states are supposed to have more power than the federal government. The federal government is supposed to be relatively small according to the constitution.
But that pesky document hasn't mattered for some time.|||We need to nullify Obama altogether.|||The 10th amendment will not be useful in blocking congressional legislation.
They already tried this with numerous things.... Marijuana, abortion, assisted suicide, immigration...
Some things the state has no power over...this is one of them...
That's like saying... .my state says I don't have to pay into Social Security.... It's a losing argument.|||He'll sh*t himself, and try everything to stop it. I have already chilled the champagne, pulled up the comfy chairs, and propped my feet up to watch.
Incidentally, we don't read comic books here in Texas, we read our state constitution. Feds coming here to enforce something we don't want will end with them going home in body bags, depend on it.|||I'm guessing it will go something like this:
Obama: "10th Amendment? What's that? Do You know what they're talking about Supreme Court?"
Obama stocked Supreme Court: "No, we know nothing of that."|||Smart states will keep it, so most states will, nice try|||it isn't that costs of health care are prohibitive,it is the use of the health insurance companies.These companies like to pay off investors,not the medical system .They deny benefits left and right.These are what should be eliminated.Without these companies in existence,state run medical care would be less expensive and everyone would have the benefit of health care.In the long run,health care without the use of health insurance companies would cost a lot less to the people of the country.I am not an Obama fan,but when people I know come close to dying waiting for a docter to help them for free,I get angry at stupidity.Not everyone can afford health insurance that denies your clain for many reasons.|||Good point as I read the tenth amendment the federal government cannot force the states to do something that they do not want to do.|||apart of that bill is going to allow a team of 'experts' to go into your home and teach you how to raise ur kids:(|||States like Texas and Florida THINK they have powers that don't exist.
They read too many comic books.|||He will remind them that they are in violation of the supreme law of the land, the Constitution of the United States, and that if they doubt this, he will remind them of the last time States defied the federal government: They got Granted and Shermanized.
Do you really think that a traitorous moron like Rick Perry knows more about the Constiutiton than a man who used to teach Constitutional law? Barack Obama knows more about the 10th Amendment than you ever will, and he knows that it doesn't come close to meaning what you think it does.
But, hey, if you want to try it... go ahead. Make his day. And we'll rip down your Confederate flags like we did in 1865.
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