ST Alpha - "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?" (Reading a Post)

SlickerTalk
Search Archives
The Leaderboard
The FAQ

Down to Post

Backboards:

Posts: 165

In response to "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?" by con_carne

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?

Posted by Dr.Vermin (aka Dr.Vermin) Apr 3 '12, 10:40

...until an amendment gets passed?

So the argument is Where in the Constitution IS Obamacare justified, not where is it specifically prohibited. Absence is prohibition.

Responses:

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

Post a message top

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?

Replies are disabled on threads older than 7 days.

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?