Florida Ruling Affirms Federal Power over Health Care.

Victory! Hooray! Jump for Joy!

Those are the emails and blog posts that I’ve been reading from conservatives – exuberant about the ruling from Judge Vinson in Florida today.

As an opponent of the patient protection and affordable care act, I disagree with the happy thoughts – and am wary of the trojan horse that this and other rulings appear to be.

Here’s why – from Judge Vinson himself:

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Does Congress really have authority to regulate campaign finance?

[Rob Natelson is the author of the new book, The Original Constitution: What it Actually Said and Meant. To learn more about this topic, hear Rob’s podcast on Election Law and the Election Clause.]

The Constitution granted Congress only enumerated powers. Did those powers include measures of “campaign finance reform?”

Congress justifies campaign regulation as flowing from its constitutional power to regulate the “Time, Place and Manner of holding” elections for the House of Representatives and the “Time . . . and Manner of holding Elections” for the Senate. (Article I, Section 4, Clause 1.) The Supreme Court has assumed that when the Founders wrote “Manner of holding Elections” they included campaign rules, but there has been astonishingly little published research on the subject, either by the Court or by other legal writers. When the Court hears campaign finance cases, it focuses mostly on the First Amendment rather than seriously investigating whether the Constitution granted Congress the power in the first place.

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TAC Environmental Preservation Act Filed In Florida

We are pleased to announce that we have been successful in this small first step of the Florida legislative process.  The old saying is “it’s easier to kill a bill than pass it” may be true. However, as the Florida Tenth Amendment Center did not even exist before November 30,2009, we are pleased with even…

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