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March 26, 2012
here in new york city. great to have you visiting us. >> pleasure to be here. >> and john is a political comedian, will cain and fdorian nice to have each and every when of you. >> good morning. >> interesting to think its been a month since trayvon martin killed. >> and two weeks since white people heard about it. >> the story was not that well-known in the media. >> on social media it was making the rounds and finally everyone else picked it up about two weeks ago. >> of course its o...
March 25, 2012
>> jeanine: whats interesting, if they say the basis for the law is that youre involved in interstate commerce, the truth is buying insurance is not interstate commerce. >> states tell people they have to buy insurance on their cars. states dont force you to drive a car. you dont have to. thats where this deviates from obamacare. if you breathe, you have to buy it. thats taking away your liberty and
March 25, 2012
>> jeanine: whats interesting, if they say the basis for the law is that youre involved in interstate commerce, the truth is buying insurance is not interstate commerce. >> states tell people they have to buy insurance on their cars. states dont force you to drive a car. you dont have to. thats where this deviates from obamacare. if you breathe, you have to buy it. thats taking away your liberty and
March 25, 2012
Constitutional. our focus right now, automobile, there is going to be a process play out this week and the supreme court will deliberate. >> the main event comes to tuesday morning, with the case of the commerce clause is heard. thats the question of the individual mandates, can the congress clause of the constitution be intented? such a way that it forces people to buy something they wouldnt necessarily want, health care. that will be the question. conservatives are angry about this dwe and the...
March 25, 2012
>> the primary case before the supreme court this week was brought by 26 state, challenging the health care law on several points. texas is one of those states and joining us to tell us why he doesnt believe the law passes constitutional muster, greg abbott. great to have you. >> shannon, great to be here. >> caller: you are one of the states that is challenging this. of course, at core is the mandate, the dig big debate. we had a harvard professor saying that everybodys involved in health care ...
March 25, 2012
Medical marijuana in california where it is legal under state law, still a violation of federal law. justice scalia and four of his colleagues ruled the federal government did have a legitimate interest in regulateing that marijuana growth. he wrote that his understanding of the necessary and proper clause in the commerce clause persuaded him it was legitimate for the federal government to regulate that particular activity. in its brief in the healthcare case the government has cited justice sca...
March 25, 2012
And it was an attempt to make a difficult set of decisions about a complicated area that is one seventh of our national economy and therefore does seem like something that is fairly relevant to interstate commerce. >> shannon: whatever the justices decide will have impact for generations to come. thank you for coming in to discuss if. starting tomorrow we will have ar the supreme court arguments. join me live at 6:00 eastern tomorrow. prosecutors filed preliminary murder charges against the br...
March 25, 2012
2; it is unlimited. if this law is upheld, the court will realize that they will establish a new precedent to give congress unlimited power. 3; most importantly, it is unnecessary. congress legally could have addressed health care and health insurance through a legal method and they were empowered to do so in the tax and spend clause, they purposely chose an illegal, unconstitutional pathway to impose this mandate on all americans. >> caller: what do you make of the arguments that point to the c...
March 25, 2012
If you look at justice scallia in particular, he has been the architect behind the legal document, focusing on activity. he insists for the commerce clause to apply, there must be an activity. the premise of our argument is inactivity, the fail and you are refuse tool participate in an activity. we think that people who choose to be inactive, and not purchase health insurance fits within the architecture creakted by justice scalia whairks about the severability? can the rest of the law survive i...
March 25, 2012
>> jeanine: whats interesting, if they say the basis for the law is that youre involved in interstate commerce, the truth is buying insurance is not interstate commerce. >> states tell people they have to buy insurance on their cars. states dont force you to drive a car. you dont have to. thats where this deviates from obamacare. if you breathe, you have to buy it. thats taking away your liberty and