Page 43 - Interstate Commerce News Today

World view of founders it is not funny. >> you are required to buy now through medicare. it is already there. many scholars would argue directly opposite of you that the individual mandate is there because of the commerce clause. >> how can you engage in commerce if you are not buying health insurance? >> because of the overriding regulation they need regulate health insurance as a total because they believe, that the only way to get individuals -- the only way to make the system right is to hav...

World view of founders it is not funny. >> you are required to buy now through medicare. it is already there. many scholars would argue directly opposite of you that the individual mandate is there because of the commerce clause. >> how can you engage in commerce if you are not buying health insurance? >> because of the overriding regulation they need regulate health insurance as a total because they believe, that the only way to get individuals -- the only way to make the system right is to hav...

And what said was unfortunate. >> what does john adams say one useless man is a shame two is a law firm, three or more is a congress. >> rich: would you want to see the supreme court strike it down? >> i believe that challenge will get there. it doesnt it is all going away. the individual mandate should have nothing to do with interstate commerce. it does not affect someone sitting alone in their room. it would cause the anti-federalists to go crazy. very significant challenge coming down. i thi...

And what said was unfortunate. >> what does john adams say one useless man is a shame two is a law firm, three or more is a congress. >> rich: would you want to see the supreme court strike it down? >> i believe that challenge will get there. it doesnt it is all going away. the individual mandate should have nothing to do with interstate commerce. it does not affect someone sitting alone in their room. it would cause the anti-federalists to go crazy. very significant challenge coming down. i thi...

World view of founders it is not funny. >> you are required to buy now through medicare. it is already there. many scholars would argue directly opposite of you that the individual mandate is there because of the commerce clause. >> how can you engage in commerce if you are not buying health insurance? >> because of the overriding regulation they need regulate health insurance as a total because they believe, that the only way to get individuals -- the only way to make the system right is to hav...

Fill buster in one house -- filibuster in one house, the court may feel differently and have more courage to enforce a line in the constitution. remember, judge, this is something that even that goes beyond medical marijuana case, where i was the lawyer for angel raich in the supreme court. this goes beyond that case. never before has the commerce clause been used to mandate a private citizen by virtue of being alive enters in commercial relationship with private company. anything thats never be...

Watershed moment for people who believe in states rights. states rights have been used for decades. but this is real. i think this case should be the death now for what weve always understood to be states rights. if the congress prevails in this assertion of authority, its hard to see of principled limitation in future cases. >> lets get to that in a second. but the way you put it in your column is easy to understand. you said this essentially puts an 18-year-old who doesnt have health insurance...

For 200 years, that has been the exclusive province of the state. question, can the fed just walk in and micro manage that area of human behavior, take it away from the states? >> obviously theyre trying to do it but i dont think they can in terms of the constitution. we are talking about limited powers given to the federal government by the founding fathers. the very decision they made not to give general law-making powers they gave to the state that states hold to the federal government was a ...

Give away. at the time, they were independent nation state and the power they gave to the new federal government were aspect of nationhood, raise an army and navy to defend the country. operate a court system, p provide for standard weight and measure, coin money and run a post office. these are aspects of nationhood, where the states would no longer be concerned. but the states retained for themselves the power to legislate for the healthcare, safety, welfare and morality of people in the state...

And now concern grown around the country, where 11 state attorneys are trying to challenge a portion of the law requiring everyone to buy insurance. tonight, one such attorney general mark shirtleft joining us. >> well, it is way beyond congress power. anderson n the entire history of the country, there is never a condition that citizenship requires you to buy a service or then pay a penalty if you dont do that. we believe it is not an authority granted in the constitution, and therefore in the ...