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	<title>Comments on: Commerce, Necessary and Proper, and Obamacare</title>
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	<link>http://tenthamendmentcenter.com/2010/06/23/commerce-necessary-and-proper-and-obamacare/</link>
	<description>Concordia res Parvae Crescunt</description>
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		<title>By: jeremy tschudin</title>
		<link>http://tenthamendmentcenter.com/2010/06/23/commerce-necessary-and-proper-and-obamacare/comment-page-1/#comment-352255</link>
		<dc:creator>jeremy tschudin</dc:creator>
		<pubDate>Tue, 05 Oct 2010 22:30:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=6189#comment-352255</guid>
		<description><![CDATA[Here is the 10th amendment as it appeared in the Article of Confederation: 
&quot;&#8220;Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation EXPRESSLY] delegated to the United States, in Congress assembled.&#8221;   
 
Here is the 10th Amendment: 
&quot;&#8220;The powers not _______  delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people&#8221;.   
 
Marshall rightly inferred that the absence of the specificity by this omission was deference to the necessary and proper clause and common sense.   
 
In you mucking up the Constitution for your political ends you always fail to mention another phrase in Act. I Sec. 8 &quot;common defense and &quot;general welfare&quot;. 
 
Any honest reading of US history knows the Constitution was to create a strong(er) federal government and is vastly differnet from the Declaration of Independence.  Stop re-writing our history! ]]></description>
		<content:encoded><![CDATA[<p>Here is the 10th amendment as it appeared in the Article of Confederation:<br />
&quot;&ldquo;Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation EXPRESSLY] delegated to the United States, in Congress assembled.&rdquo;   </p>
<p>Here is the 10th Amendment:<br />
&quot;&ldquo;The powers not _______  delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people&rdquo;.   </p>
<p>Marshall rightly inferred that the absence of the specificity by this omission was deference to the necessary and proper clause and common sense.   </p>
<p>In you mucking up the Constitution for your political ends you always fail to mention another phrase in Act. I Sec. 8 &quot;common defense and &quot;general welfare&quot;. </p>
<p>Any honest reading of US history knows the Constitution was to create a strong(er) federal government and is vastly differnet from the Declaration of Independence.  Stop re-writing our history! </p>
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		<title>By: Medicaid and Texas - Page 2 - GT40s.com</title>
		<link>http://tenthamendmentcenter.com/2010/06/23/commerce-necessary-and-proper-and-obamacare/comment-page-1/#comment-325661</link>
		<dc:creator>Medicaid and Texas - Page 2 - GT40s.com</dc:creator>
		<pubDate>Wed, 21 Jul 2010 14:07:17 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=6189#comment-325661</guid>
		<description><![CDATA[[...] Re: Medicaid and Texas    Another brilliant article for those who believe in the original intent of the framers of our constitution.  Commerce, Necessary and Proper, and Obamacare &#8211; Tenth Amendment Center [...]]]></description>
		<content:encoded><![CDATA[<p>[...] Re: Medicaid and Texas    Another brilliant article for those who believe in the original intent of the framers of our constitution.  Commerce, Necessary and Proper, and Obamacare &#8211; Tenth Amendment Center [...]</p>
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		<title>By: John Bingham</title>
		<link>http://tenthamendmentcenter.com/2010/06/23/commerce-necessary-and-proper-and-obamacare/comment-page-1/#comment-324487</link>
		<dc:creator>John Bingham</dc:creator>
		<pubDate>Fri, 25 Jun 2010 23:16:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=6189#comment-324487</guid>
		<description><![CDATA[You&#039;re right. But the issue is over how closely related the means chosen is to the enumerated end. Can Congress choose whatever means expedient to carrying out an enumerated power, as long as they don&#039;t violate any prohibition in the Constitution? Or must he means chosen be absolutely necessary to carrying out the enumerate power. I think both can lead to absurd results.]]></description>
		<content:encoded><![CDATA[<p>You&#039;re right. But the issue is over how closely related the means chosen is to the enumerated end. Can Congress choose whatever means expedient to carrying out an enumerated power, as long as they don&#039;t violate any prohibition in the Constitution? Or must he means chosen be absolutely necessary to carrying out the enumerate power. I think both can lead to absurd results.</p>
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		<title>By: Ken</title>
		<link>http://tenthamendmentcenter.com/2010/06/23/commerce-necessary-and-proper-and-obamacare/comment-page-1/#comment-324406</link>
		<dc:creator>Ken</dc:creator>
		<pubDate>Fri, 25 Jun 2010 10:59:35 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=6189#comment-324406</guid>
		<description><![CDATA[The clause reads in part, &quot;...necessary and proper for carrying into execution the foregoing (enumerated) powers, and all other powers VESTED BY THIS CONSTITUTION in the government of the United States, or in any department of officer thereof.&quot;  
 
This clearly means only what it says: either the power to be legislated must be enumerated just prior in the text, or relevant to a power stated elsewhere in the Constitution.  ]]></description>
		<content:encoded><![CDATA[<p>The clause reads in part, &quot;&#8230;necessary and proper for carrying into execution the foregoing (enumerated) powers, and all other powers VESTED BY THIS CONSTITUTION in the government of the United States, or in any department of officer thereof.&quot;  </p>
<p>This clearly means only what it says: either the power to be legislated must be enumerated just prior in the text, or relevant to a power stated elsewhere in the Constitution.  </p>
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		<title>By: TextualistDude</title>
		<link>http://tenthamendmentcenter.com/2010/06/23/commerce-necessary-and-proper-and-obamacare/comment-page-1/#comment-324297</link>
		<dc:creator>TextualistDude</dc:creator>
		<pubDate>Thu, 24 Jun 2010 17:45:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=6189#comment-324297</guid>
		<description><![CDATA[Raich is bad news.  To me, Raich is an excellent example of how Scalia talks the talk of Constitutionalism and Original Intent but can&#039;t walk the walk when the plain language of the Constitution results in something his conservative agenda doesn&#039;t like.  His concurring opinion is a mess. 
 
Thomas, however, in his dissent, nailed it as follows: 
 
&quot;If the majority is to be taken seriously, the Federal Government may now regulate quilting bees, clothes drives, and potluck suppers throughout the 50 States. This makes a mockery of Madison&#039;s assurance to the people of New York that the &quot;powers delegated&quot; to the Federal Government are &quot;few and defined&quot;, while those of the States are &quot;numerous and indefinite.&quot; 
 
It could go either way with health care.  It&#039;s possible the court is concerned about the revival of interest in the original meaning of the Constitution (Tea Parties, e.g.).  This could push it to decide, for political reasons, that it can invalidate ObamaCare because it forces people to buy something.  This would be seen as throwing a bone to the moderates and conservatives in order to quell the anger. ]]></description>
		<content:encoded><![CDATA[<p>Raich is bad news.  To me, Raich is an excellent example of how Scalia talks the talk of Constitutionalism and Original Intent but can&#039;t walk the walk when the plain language of the Constitution results in something his conservative agenda doesn&#039;t like.  His concurring opinion is a mess. </p>
<p>Thomas, however, in his dissent, nailed it as follows: </p>
<p>&quot;If the majority is to be taken seriously, the Federal Government may now regulate quilting bees, clothes drives, and potluck suppers throughout the 50 States. This makes a mockery of Madison&#039;s assurance to the people of New York that the &quot;powers delegated&quot; to the Federal Government are &quot;few and defined&quot;, while those of the States are &quot;numerous and indefinite.&quot; </p>
<p>It could go either way with health care.  It&#039;s possible the court is concerned about the revival of interest in the original meaning of the Constitution (Tea Parties, e.g.).  This could push it to decide, for political reasons, that it can invalidate ObamaCare because it forces people to buy something.  This would be seen as throwing a bone to the moderates and conservatives in order to quell the anger. </p>
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		<title>By: Commerce, Necessary and Proper, and Obamacare &#171; Secession and Nullification â€” News &#38; Information</title>
		<link>http://tenthamendmentcenter.com/2010/06/23/commerce-necessary-and-proper-and-obamacare/comment-page-1/#comment-324256</link>
		<dc:creator>Commerce, Necessary and Proper, and Obamacare &#171; Secession and Nullification â€” News &#38; Information</dc:creator>
		<pubDate>Thu, 24 Jun 2010 11:28:52 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=6189#comment-324256</guid>
		<description><![CDATA[[...] Necessary and Proper, and&#160;Obamacare  Posted on June 24, 2010 by Bill Miller   This article by Jim DelaneyÂ on TenthAmendmentCenter.com. So, if the courts fail to restore constitutional governance, and the chances are better than even [...]]]></description>
		<content:encoded><![CDATA[<p>[...] Necessary and Proper, and&nbsp;Obamacare  Posted on June 24, 2010 by Bill Miller   This article by Jim DelaneyÂ on TenthAmendmentCenter.com. So, if the courts fail to restore constitutional governance, and the chances are better than even [...]</p>
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		<title>By: Michael Boldin</title>
		<link>http://tenthamendmentcenter.com/2010/06/23/commerce-necessary-and-proper-and-obamacare/comment-page-1/#comment-324215</link>
		<dc:creator>Michael Boldin</dc:creator>
		<pubDate>Thu, 24 Jun 2010 00:17:14 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=6189#comment-324215</guid>
		<description><![CDATA[Raich - in my view - was a constitutional atrocity, at best.    The courts would likely rule that way, but they will not be correct.]]></description>
		<content:encoded><![CDATA[<p>Raich &#8211; in my view &#8211; was a constitutional atrocity, at best.    The courts would likely rule that way, but they will not be correct.</p>
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		<title>By: John Bingham</title>
		<link>http://tenthamendmentcenter.com/2010/06/23/commerce-necessary-and-proper-and-obamacare/comment-page-1/#comment-324184</link>
		<dc:creator>John Bingham</dc:creator>
		<pubDate>Wed, 23 Jun 2010 20:35:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=6189#comment-324184</guid>
		<description><![CDATA[Very good article. No doubt years of precedent has expanded the original meaning of key clauses in the constituion.  But in regards to Obama care I think the opinion in Raich would be the main reason that Obama care would be upheld. Even given the substantial affects doctrine, Obama care might have been struckdown if it were not for the hugely expanded definition of economic activity from Raich.]]></description>
		<content:encoded><![CDATA[<p>Very good article. No doubt years of precedent has expanded the original meaning of key clauses in the constituion.  But in regards to Obama care I think the opinion in Raich would be the main reason that Obama care would be upheld. Even given the substantial affects doctrine, Obama care might have been struckdown if it were not for the hugely expanded definition of economic activity from Raich.</p>
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		<title>By: Wanna Get Away? The 81% Tax Increase&#160;&#124;&#160;Wolves of Liberty</title>
		<link>http://tenthamendmentcenter.com/2010/06/23/commerce-necessary-and-proper-and-obamacare/comment-page-1/#comment-324165</link>
		<dc:creator>Wanna Get Away? The 81% Tax Increase&#160;&#124;&#160;Wolves of Liberty</dc:creator>
		<pubDate>Wed, 23 Jun 2010 15:50:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=6189#comment-324165</guid>
		<description><![CDATA[[...] Commerce, Necessary and Proper, and Obamacare You are invited to become a fan of this page on Facebook and/or subscribe to this site - it&#039;s free and you can opt out at any time. Thank you for your interest in guarding America.   Please consider supporting Wolves of Liberty. We are in the process of expanding our staff and moving to a private server, all while applying for non-profit status. You can make a single donation, a recurring donation, or purchase some our merchandise. We personally vouch for our t-shirts and invite you to check them out. Not only great quality, but the images and quotes from Thomas Jefferson or Ronald Reagan tell everyone you stand for liberty.  Liberatas!    Share            Cap-and-Trade, Civilization, Economy, Medicare, Nullification, Obama, Social Security, Socialism, Strategies, Supreme Court  Budget, Cap-and-Trade, Congress, Debt, Economy, GDP, Nullification, Obama, ObamaCare, Socialism, Supreme Court, VAT     Nullification &#8211; The Only Way Forward     Trackback URL [...]]]></description>
		<content:encoded><![CDATA[<p>[...] Commerce, Necessary and Proper, and Obamacare You are invited to become a fan of this page on Facebook and/or subscribe to this site &#8211; it&#39;s free and you can opt out at any time. Thank you for your interest in guarding America.   Please consider supporting Wolves of Liberty. We are in the process of expanding our staff and moving to a private server, all while applying for non-profit status. You can make a single donation, a recurring donation, or purchase some our merchandise. We personally vouch for our t-shirts and invite you to check them out. Not only great quality, but the images and quotes from Thomas Jefferson or Ronald Reagan tell everyone you stand for liberty.  Liberatas!    Share            Cap-and-Trade, Civilization, Economy, Medicare, Nullification, Obama, Social Security, Socialism, Strategies, Supreme Court  Budget, Cap-and-Trade, Congress, Debt, Economy, GDP, Nullification, Obama, ObamaCare, Socialism, Supreme Court, VAT     Nullification &#8211; The Only Way Forward     Trackback URL [...]</p>
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		<title>By: Tweets that mention Commerce, Necessary and Proper, and ObamacareÂ &#124;Â Tenth Amendment Center -- Topsy.com</title>
		<link>http://tenthamendmentcenter.com/2010/06/23/commerce-necessary-and-proper-and-obamacare/comment-page-1/#comment-324157</link>
		<dc:creator>Tweets that mention Commerce, Necessary and Proper, and ObamacareÂ &#124;Â Tenth Amendment Center -- Topsy.com</dc:creator>
		<pubDate>Wed, 23 Jun 2010 13:44:41 +0000</pubDate>
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		<description><![CDATA[[...] This post was mentioned on Twitter by TenthAmendmentCenter, Ron Paul. Ron Paul said: Commerce, Necessary and Proper, and Obamacare http://bit.ly/deyAl7 #tlot #tcot #RonPaul [...]]]></description>
		<content:encoded><![CDATA[<p>[...] This post was mentioned on Twitter by TenthAmendmentCenter, Ron Paul. Ron Paul said: Commerce, Necessary and Proper, and Obamacare <a href="http://bit.ly/deyAl7" rel="nofollow">http://bit.ly/deyAl7</a> #tlot #tcot #RonPaul [...]</p>
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