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Detailed text transcripts for TV channel - FOXNEWS - 20120316:20:45:00

Strategy and i can sum it up by saying, look, what the department is saying in the mega briefs, remember how it used to be it wasn t a tax and now it is a tax, a while ago, and now . neil: i don t. guest: they are saying it is not just the commerce clause but also a much broader clause in the constitution, the fess and proper clause. what that does is give congress, really, carte blanche do write any law they want if it is mess and proper. but the department is arguing, this mandate is necessary and proper and you, the other side, against it, have said, well, the mandate is unconstitutional and it must be sever and if the mandate is sever the whole thing goes down and the department of justice says, wait if the whole thing goes down the only way to save it is to invoke the necessary and proper clause. it is actually a smart ploy by ....

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Detailed text transcripts for TV channel - FOXNEWS - 20120212:17:43:00

What i mean by that is conservative justice scalia held that once congress has the power to regulate instance of interstate commerce, here banning the surance companies from dim citnating against insurers based on preexisting conditions it has the power to make any every regulation necessary to make the initial commerce clause regulation effective. here you have the argument by opponents of the law saying that the ban on preexisting conditions won t work without the mandate. if that is true, and the government acknowledges that part of the law would fall, then you made an excellent argument why under the necessary and proper clause the mandate is constitutional. if we want popular provisions like the ban on discrimination based on the preexisting conditions to stay in effect. shannon: i want to bring you in here. ....

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Detailed text transcripts for TV channel - FOXNEWS - 20120108:18:51:00

Arguments over the president s healthcare law but the legal fight takes off in ernest when the first briefs in the case were officially filed. joining us to talk about the first round at the high court showdown, executive director of the national center for independent business and the chief council of the constitutional accountability center. welcome to you both. thanks for havin being here. thans for having us. the issue of the mandate. they say it is constitutional. you think is is a winning argument. i think it is a winning argument injuries the administration points out three area. the commerce clause power. the poured concreter to tax and spend for the general welfare and the necessary and proper clause. i think when you look at all of these textual supports for the constitutionality of the mandate what they really add up to is the fact that our founders wrote the constitution to give the federal government power to enact nationalred ....

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Detailed text transcripts for TV channel - FOXNEWS - 20120108:18:51:00

Fight takes off in ernest when the first briefs in the case were officially filed. joining us to talk about the first round at the high court showdown, executive director of the national center for independent business and the chief council of the constitutional accountability center. welcome to you both. thanks for havin being here. thans for having us. the issue of the mandate. they say it is constitutional. you think is is a winning argument. i think it is a winning argument injuries the administration points out three area. the commerce clause power. the poured concreter to tax and spend for the general welfare and the necessary and proper clause. i think when you look at all of these textual supports for the constitutionality of the mandate what they really add up to is the fact that our founders wrote the constitution to give the federal government power to enact nationalred ....

High Court , Executive Director , Accountability Center , Commerce Clause Power , Necessary And Proper Clause , Poured Concreter , Nationalred Solutions To National Problems ,

Detailed text transcripts for TV channel - MSNBC - 20101230:14:20:00

what is that justification. necessary and proper clause, basically the normal reading of the commerce clause in our era is that in a sort of a unified nation like we are the government is fairly expansive powers to make sure interstate commerce works effectively. the health care market is largely federal, people move from state to state, get care in different states. to make it work you need to pass federal laws about it. some basically do that with medicare. a federal law that has a ton of regulatory power over the health care sector. because republicans oppose the mandate despite having come up with it in the early 90s, unconstitutional grounds they say because it couldn t be in congress. because this is saying this is constitution has no weight with either side. republicans say you word it in bill, never mind. we re wrong. sorry we doubted you. you named your justification already. here s the key question. one of the things facing members of congress and this president is the ....

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