ST Alpha - "More of a curiosity question for me (not going for snark): Where in the Constitution does it suggest that Obamacare is federal gov't overreach?" (Reading a Post)

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More of a curiosity question for me (not going for snark): Where in the Constitution does it suggest that Obamacare is federal gov't overreach?

Posted by con_carne Apr 3 '12, 10:35

I keep hearing something about "the limited power of the federal government," but I don't know why the mandate is too much power for the government. ??

Like, what Article n' shit?

Thanks in advance.

Responses:

the fine print -- nm - Beaker Apr 3, 10:41
Here's one summary of the case (I'm sure you can find others) -- (link) - Roger More Apr 3, 10:41 2
- (I joke, but I am saving this for later. Thx to you as well.) -- nm - con_carne Apr 3, 10:47
- I was elected to lead, not to read -- nm - con_carne Apr 3, 10:44
Isn't the point of the Constitution that if it a specific power *isn't* in there, then the gov't doesn't have it? - Dr.Vermin Apr 3, 10:40 8
- that's the point of the 10th Amendment, at least... -- nm - znufrii Apr 3, 10:42 3
  - [deleted] 1
    - okay, then. - znufrii Apr 3, 11:00
  - Very good. However IANAL, but it would seem that the commerce does grant the power -- nm - con_carne Apr 3, 10:43
- the commerce clause is in there, and has been given almost complete deference by the Court in its past decisions -- nm - pixitude Apr 3, 10:41 2
  - Yeah, apparently you have to go back to the late 1800s for a case where the court rejected a claim on that front. - Name Withheld By Request Apr 3, 10:46 1
    - [deleted]
- heh. -- nm - Don Homer Apr 3, 10:41
In article 4 section 3 of the broccoli clause. -- nm - Don Homer Apr 3, 10:40 1
- I'm going to need to read the Velveeta amendment to be sure -- nm - Epiphany Apr 3, 10:42
for over a hundred years, the Supreme Court has interpreted the commerce clause as granting Congress broad (nearly unfettered) power to regulate - pixitude Apr 3, 10:38 5
- [deleted] 2
  - Gibbons v. Ogden (1824) -- nm - pixitude Apr 3, 11:00 1
    - "Order in the court! Counselor, settle those apes down." nm - Dignan Apr 3, 11:02
- "Commerce clause" rings a bell, an is what I was driving at. Super. Thanks! -- nm - con_carne Apr 3, 10:40 1
  - pixie wasn't technically answering your question. He's saying it's quite a stretch to make the overreach/unconstitutional argument. -- nm - Don Homer Apr 3, 10:41

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More of a curiosity question for me (not going for snark): Where in the Constitution does it suggest that Obamacare is federal gov't overreach?

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