Comments on: Will SCOTUS rule Obamacare unconstitutional? Don’t bet on it.

By: Bob Greenslade

Bob Greenslade — Wed, 27 Apr 2011 18:26:14 +0000

Austin-The constitutionality of this legislation goes to our conversation on the other article.

In my opinion, the fact that the commerce clause is a delegated power is a secondary issue.

Unless heath care falls under the federal government's sphere of power as defined by Madison in Federalist 45, and it doesn't, no delegated power can be invoked to circumvent it. This is being ignored by the federal government to skirt this restriction. It treats the commerce clause as a general grant of power with no limits on how and where it can be applied as opposed to a qualified grant of power.

See also Essay No. 41 where Madison took the delegated powers of the federal government and grouped them into 6 categories of powers. His breakdown is a mirror image of the separation of powers he mentioned in Essay 45, i.e., the powers of the federal government pertain to foreign affairs and relations between the States. And as you stated, everything else to the States.

By: Austin H.

Austin H. — Wed, 27 Apr 2011 10:54:12 +0000

I'm pretty sure the Tenth Amendment Center is not in the "beloved single payer" crowd. Wrong audience here if that is your point.

By: jeffreyavans

jeffreyavans — Wed, 27 Apr 2011 08:05:02 +0000

Currently, the cost of health care is rising at a much higher rate than inflation. Even if we were to implement your beloved single payer, at a certain point we can not afford to pay for every new treatment and technology that comes along if we want to have any semblance of an economy. If you dont have insurance you should check out "Penny Health Insurance" for information on how to get one.