Tuesday, February 1, 2011

Positive Judicial Action...

In case you missed it (although I don't watch much tv, I haven't seen any news stories reporting this issue), a federal judge in Florida ruled that Obamacare is unconstitutional...great news!
That brings the running total of judges' rulings on this health care bill to 4. 2 ruled that the bill IS constitutional, the other 2 obviously ruled that the bill IS NOT constitutional. Therefore, look for this to go to the Supreme Court in the future...and on that note, you wonder why Presidential elections are important. As stated in previous posts, the President picks the Supreme Court Justices.
By no means am I a constitutional law extraordinaire, but my understanding of it is this. The Constitution gave our Federal government LIMITED power. They can NOT mandate all citizens to purchase something, not even under the commerce clause that they try to justify their actions with. However, State governments are able to do such measures...for example, auto insurance.
Here's the other analogy that I think proves the point...take broccoli for instance. Everyone knows that vegetables are good for us. Because broccoli is healthy for us to eat, the government could force Americans to buy broccoli and eat it. That sounds ridiculous, but health care works the same way....the whole point is that we have freedom to pick and choose what to spend our hard earned money on.

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