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March 20, 2010
And to regulate interstate commerce. where in article one, section 8 or anywhere in that esteemed document does it say you can force americans to buy health insurance simply because they exist? >> nowhere, gregg. nowhere does it say that. that is what idaho is depending on. there is a clause that states that the federal law supreme to state law when it comes to issues of constitutionality but nowhere in the constitution does it say they can do that. >> gregg: what about interstate policy. suprem...
March 3, 2010
They want. when you undertake legislation that by force of law affects the taking clause of the constitution, affects the 10th amendment to the constitution about the powers that are reserved to the states, that affects interstate commerce, potentially, and you do it potentially in violation of existing constitutional amendments, the way to repeal a constitutional amendment is to pass another amendment. not on a simple majority, an up or down vote, a reconciliation which is a budget procedure, t...
February 26, 2010
>> give me one. give me one. >> actually, i liked the discussion about the interstate commerce. we talked the other day that i see benefit out of the consumer-driven idea out of health savings accounts. >> why do you push health savings accounts? >> i like that question. the american academy of actuaries -- >> you need a job, come on? >> ill be fine for my life, i tell you. the thing im worried about are my patients and the future of our health care system. so if were trying to find cost saving ...
February 12, 2010
Through with just a 51 vote in the senate. whats your take on it? >> first of all, procedurally, its very difficult. budget reconciliation was passed in 1974 to hold down spending and to move fort the balanced budge. obviously the health care bill does not hold down spending, it increases taxes, and it is really, you know, quite an abomination when you look at it. i dont think that will happen. i think procedurally, its very difficult. but what is going on in the health care debate right now, it...
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Sydney where two hostages and the gunman were killed. back here, colorado being sued by two neighboring states over the legal sales of marijuana. the attorneys general of nebraska and oklahoma filed suit with the u.s. supreme court claiming the pot is making its way across state lines which they say is unconstitutional and a violation of the federal governments right to regulate both drugs and interstate commerce. the attorney general said he will defend the states marijuana law. we are also fol...
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From a gentleman i sometimes debate from a conservative think tank. when the chief justice started reading, he read how it couldnt be part of the commerce clause. i was slumping lower and lower in my chair and my friend was getting higher and higher in his. then he got to that part and we switched posture. so there was a definite palpable effect. lets be careful not to let the chief justice off the hook. he did the right thing here, but this is still the justice in citizens united and the ledbet...
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The health care law? >> that is absolutely the sentence that saved the health care law. lots of people have been focusing on a different provision of the constitution. did congress have the power to regulate interstate commerce broadly enough that would justify the mandate. but in the end, chief justice roberts casting a historic tie-breaking vote with the liberal justices. saying he did not think it could be justified under congresss power, it could be under the clear power to tax. that was the...
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People participate into an unreformed monopoly, there is no choice. this history where it is supposed to be america, competition, choice, or at least not a completely rigged game where we force you to give the dominating party the that controls everything through your money through some sort of a mandate, whats lens of the supreme court? in other words are they teddy roosevelt saying hang on this is a monopoly exploiting its power with the mandate, meaning the health care monopoly or whats their...