Page 44 - Interstate Commerce News Today

Brit hume. do you take these lawsuits seriously? >> i do, bill. because the courts have never really ruled on anything quite like this. the courts have ruled in the past, for example, that congress has wide authority to legislate and to regulate interstate commerce, certainly health care is an interstate commerce issue. its a 16% of our economy or whatever. but the government has never required people to buy a privately sold product before and there are doubts as to whether the government can le...

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 t ed in ed constitution, and therefore in the 10th amendment, the states need to step up. >> well, from a lot of legal experts we have heard from point to the constitutional regulation commerce, and the supreme court has repeatedly ruled in suppo...

That. we believe it is not authority that is granted in the constitution and therefore under the 10th amendment, the states need to step up and protect individual and states rights. >> as you well know and probably better than me, because you are an attorney and im not, but a lot of the legal experts point to the interstate commerce clause of the constitution which gives the federal government the ability to regulate interstate commerce and the supreme court has repeatedly ruled in support of th...

Seriously? >> i do, bill. because the courts have never really ruled on anything quite like this. the courts have ruled in the past, for example, that congress has wide authority to legislate and to regulate interstate commerce, certainly health care is an interstate commerce issue. its a 16% of our economy or whatever. but the government has never required people to buy a privately sold product before and there are doubts as to whether the government can legally do that. and the legal experts t...

Or want it or not. then the government can order you to do a lot of other things in your personal life. it can order you to have a mohawk hair cut, okay? >> right. it could say, speaking of a matter of interstate commerce that it is in the national interest that one or more of the auto companies succeed and not go out of business. and, therefore, you are required, if you buy a car to buy a certain kind of car. >> bill: right. >> remember, bill, there is also this issue. if you dont buy it, you g...

Then the government can order you to do a lot of other things in your personal life. it can order you to have a mohawk hair cut, okay? >> right. it could say, speaking of a matter of interstate commerce that it is in the national interest that one or more of the auto companies succeed and not go out of business. and, therefore, you are required, if you buy a car to buy a certain kind of car. >> bill: right. >> remember, bill, there is also this issue. if you dont buy it, you get fined. >> bill: ...

Then the government can order you to do a lot of other things in your personal life. it can order you to have a mohawk hair cut, okay? >> right. it could say, speaking of a matter of interstate commerce that it is in the national interest that one or more of the auto companies succeed and not go out of business. and, therefore, you are required, if you buy a car to buy a certain kind of car. >> bill: right. >> remember, bill, there is also this issue. if you dont buy it, you get fined. >> bill: ...

The supreme court. any time you have a product that transfers from one state to another, yes. it affects the commerce clause. again, under the commerce clause supreme court has said you cant levy fines or penalties for people that are being burdened like this. >> gregg: a strict constructionist would say the following -- if i choose not to buy any health insurance at all, im not engaging in any activity at all, and i may not go to a hospital if i get sick forcing a hospital to absorb the costs. ...

Tag despite how loosey-goosey the congress challenge clause has gone that now congress has gone a step too far mandateing that people purchase a product. namely health, indiana. >> you laid out what could be a supreme court challenge. you will hear it here first on your show. what is going on is this. even the congressional budget office in 1994 said having an insurance mandate in hillary care would have been an unprecedented expansion of the congress power, of the u.s. government power to regul...

Really have a leg to stand on. this is treated like a tax. the government has the right to tax the citizens for what they consider to be our best welfare and while i agree that this isnt the best plan out there, i dont think the states stand a chance. the supreme court has to agree to accept the case. >> but they are bringing healthcare reform under the interstate commerce laws. they are doing it under the interstate commerce clause. >> that starts in federal court, district court. >> you have n...