Can the states stop health reforms?

[hermit]

GARRETT: There are three attorneys general at least -- Virginia, South Carolina and Florida, maybe more -- who will file lawsuits against this, specifically on the individual mandate, because, they say, state insurance is regulated on the state level; there is not interstate transactions of those; this violates the (U.S. Constitution's) Commerce Clause .

Evaluate based on what you discussed with (White House Counsel) Bob Bauer and others how significant a threat this is to this legislative (INAUDIBLE)...

AXELROD: Well, first of all, Major, let me say that any time a major piece of legislation is enacted, there are lawsuits that follow. So it's not surprising that lawsuits are going to be filed here. Our attorneys, the Justice Department, everyone who has looked at this is very confident that this will withstand legal challenges. So, you know, we will -- we will engage in those -- in those litigations and we're confident that it will turn out the right way.

http://whitehouse.blogs.foxnews.com...ews-senior-white-house-adviser-david-axelrod/

 

[AMT4SWA]

The Cubama bill has a 60% chance of defeat imo by the various states legal challenges that start as early as noon EST tomorrow.

Remember where all this started and WHY..............

http://www.youtube.com/watch?v=eAaQNACwaLw

 

[PocketChange]

I'm no lawyer...

ERISA laws relate to insurance and bars any lawsuits from being brought under state laws. These laws were enacted at the request of the insurance lobbyists so they would only have to comply with one set of federal laws.

It's no surprise South Carolina would sue seeing that they were the first state to vote to secede from the Union and was the founding state of the Confederate States of America.

South Carolina also had passed the Ordinance of Nullification, declaring the Federal tariff laws unconstitutional, null and not to be enforced in the state of South Carolina.

They are also the only state without MSB (Money Service Business) laws keeping their "Old" money outside of the reach of FINCENs.

Quote from hermit:

GARRETT: There are three attorneys general at least -- Virginia, South Carolina and Florida, maybe more -- who will file lawsuits against this, specifically on the individual mandate, because, they say, state insurance is regulated on the state level; there is not interstate transactions of those; this violates the (U.S. Constitution's) Commerce Clause .

Evaluate based on what you discussed with (White House Counsel) Bob Bauer and others how significant a threat this is to this legislative (INAUDIBLE)...

AXELROD: Well, first of all, Major, let me say that any time a major piece of legislation is enacted, there are lawsuits that follow. So it's not surprising that lawsuits are going to be filed here. Our attorneys, the Justice Department, everyone who has looked at this is very confident that this will withstand legal challenges. So, you know, we will -- we will engage in those -- in those litigations and we're confident that it will turn out the right way.

http://whitehouse.blogs.foxnews.com...ews-senior-white-house-adviser-david-axelrod/

 

[Index piker]

Quote from TGregg:

Win or lose this particular battle is not all that important anyway. The war's momentum is clearly going against liberty and towards big government, massive spending and socialism. If we haven't yet reached the critical mass where most people are living on handouts, then we will soon. Once we are there, it's all over but the singing fat chick.

Welfare states like the one we are growing into rapidly is not unlike the alcoholic. Both need to hit the bottom of despair in order for a permanent change in psyche to develop. The faster that happens the better.


Economic reality cannot be legislated away and govt's the world over don't get it.

 

[achilles28]

Quote from PocketChange:

Federal Laws generally trump state laws.

ie. ERISA bars insured to sue insurance companies under state laws.
Claims must be brought in Federal Court under the federal ERISA laws.

No, they don't.

10th Amendment clearly defines all rights not expressly granted to the Federal Government, be afforded to the States, or People.

 

[Index piker]

Quote from achilles28:

No, they don't.

10th Amendment clearly defines all rights not expressly granted to the Federal Government, be afforded to the States, or People.

Yeah and the Civil War effectively repealed that silly notion.

 

[achilles28]

Quote from Index piker:

Yeah and the Civil War effectively repealed that silly notion.

The Civil War didn't repeal the 10th Amendment.

It's still in force. And thank God for it.

 

[Index piker]

Quote from achilles28:

The Civil War didn't repeal the 10th Amendment.

It's still in force. And thank God for it.

I can appreciate your naive enthusiasm but the constitution has been irrelevant for at least 90yrs and even more so today.

When it's not being completely ignored(which congressmen openly admit) it's being seen as a Rorschach test looking for rights to award themselves at our expense.

IF what I say is not true, the how in the hell did we arrive at our current condition?

 

[achilles28]

Quote from Index piker:

I can appreciate your naive enthusiasm but the constitution has been irrelevant for at least 90yrs and even more so today.

When it's not being completely ignored(which congressmen openly admit) it's being seen as a Rorschach test looking for rights to award themselves at our expense.

IF what I say is not true, the how in the hell did we arrive at our current condition?

States Rights cases are popping up all over the Country. Especially in regards to the 2nd and eminent domain. Entire State Legislatures are enacting law that prohibit enforcement of Federal Law, if deemed to violate the 2nd Amendment, or, seize property in regards to eminent domain.

There's a huge fight brewing in America and the FEDS want YOU to think it was lost 100 years ago. Nope. Patriots with backbone need to stand up and fight. Just look at the Healthcare Bill. 12 States already filed a motion to dismiss on grounds it violates the Constitution. Good for them.

Courts and Government have trashed the Constitution. So what? It's still the Constitution. Once The People take a FIGHTING interest in Government, those POS Justices and Congressional whores will fall right back in line. We surrender or concede defeat, and it's lost.

 

[Index piker]

Quote from achilles28:

States Rights cases are popping up all over the Country. Especially in regards to the 2nd and eminent domain. Entire State Legislatures are enacting law that prohibit enforcement of Federal Law, if deemed to violate the 2nd Amendment, or, seize property in regards to eminent domain.

There's a huge fight brewing in America and the FEDS want YOU to think it was lost 100 years ago. Nope. Patriots with backbone need to stand up and fight. Just look at the Healthcare Bill. 12 States already filed a motion to dismiss on grounds it violates the Constitution. Good for them.

Courts and Government have trashed the Constitution. So what? It's still the Constitution. Once The People take a FIGHTING interest in Government, those POS Justices and Congressional whores will fall right back in line. We surrender or concede defeat, and it's lost.

Like I said I appreciate your naivete but if you think relying on the the co-conspiring republicans to all of a sudden discover the constitution well good luck . I don't see it as anything other than histrionics, then it's back to business as usual 7 months from now.