The Humble Libertarian

Building a small army to take over the world and... leave everybody alone.

Monday, March 26, 2012

Supreme Court Begins Hearing Challenges to Unconstitutional Obamacare Provisions

An excellent article with lots of links on the legal aspects of Obamacare as arguments are made before the Supreme Court (SCOTUS). What is scary is that since 1936 SCOTUS has only invalidated 2 federal statutes pertaining to powers alleged to be contained in the commerce clause. SCOTUS has a long history of upholding federal power grabs.
At CNN, George Mason University law professor Ilya Somin explains why Obamacare’s requirement that individuals buy health insurance is beyond Congress’s power under the Interstate Commerce Clause. GMU law professor David Bernstein explains why Obamacare’s defenders are wrong, and have contradicted themselves, in trying to defend Obamacare based on a cost-shifting rationale. Vanderbilt law professor James Blumstein, an advisor to former Governor Phil Bredesen (D-Tenn.), argues that Obamacare’s Medicaid mandate is a violation of the Tenth Amendment and exceeds Congress’s power under the Spending Clause. GMU’s Somin rebuts the “everyone uses healthcare” argument for Obamacare...The Supreme Court, which is rather deferential to Congress, has only invalidated two federal statutes as beyond Congress’s power under the Commerce Clause since 1936, and it has been even more reluctant to enforce Tenth Amendment limits on Congress’s spending-clause powers.
Read the rest here