http://blog.tenthamendmentcenter.com/2013/01/the-good-bad-and-ugly-of-the-obamacare-ruling/ The Tenther Grapevine Sun, 19 May 2013 17:08:19 +0000 hourly 1 http://blog.tenthamendmentcenter.com/2013/01/the-good-bad-and-ugly-of-the-obamacare-ruling/#comment-22200 dmellon Thu, 17 Jan 2013 16:47:16 +0000 http://blog.tenthamendmentcenter.com/?p=14645#comment-22200 The Supreme court decision did not declare Obamacare to be constitutional only that the mandate was constitutional.  The entire law should be challenged based on whether the constitution grants the Federal Government the power to regulate, dictate, and ration the health care of every citizen. If not granted, then that power belongs to the states or the people as provided by the tenth amendment.
 
To me the answer to whether health care is a power delegated to the Federal Government in the constitution should be determined by considering the English common law principle of state “police power” which was practiced by the early colonies. Police power was actually a limitation on private rights when the states needed it for the good of the community such as quarantines during disease breakouts. Traditionally police power also meant the ability to enact laws for the general welfare, regulate individual rights for the public interest, and promote the public health, safety, morals and the general well-being of the people.
 
Further and most importantly this power was reserved by the states when they adopted the constitution which was confirmed by several Supreme Court decisions in early America. In Holmes v Jennison (1840) the Supreme Court states “Undoubtedly they may remove from among them any person guilty of or charged with crimes, and may arrest and imprison them in order to effect this object. This is a part of the ordinary police powers of the states, which is necessary to their very existence and which they have never surrendered to the general government.”
 
A previous case even more forcefully states that health laws were left with the states when they adopted the constitution. In City of New York v Miln (1837) the Supreme Court states “Let us see what powers are left with the states.  [snip]  they form a portion of that immense mass of legislation which embraces everything within the territory of a state not surrendered to the general government, all which can be most advantageously exercised by the states themselves. Inspection laws, quarantine laws, health laws of every description, as well as laws for regulating the internal commerce of a state and those which respect turnpike roads, ferries, &c., are component parts of this mass.”  Did you notice health laws of every description was included? These decisions are reaffirmed by other cases including  Lochner v New York (1905) and United States v Morrison (2000).
 
 
Thus established by the Supreme Court as a power not delegated to the Federal Government by the constitution, the tenth amendment places this power over health care with the states or the people.  It seems to me the Supreme Court has already made our case for us, has it not?

]]> http://blog.tenthamendmentcenter.com/2013/01/the-good-bad-and-ugly-of-the-obamacare-ruling/#comment-22180 Call_Me_Mom Thu, 17 Jan 2013 08:34:02 +0000 http://blog.tenthamendmentcenter.com/?p=14645#comment-22180 @TenthAmendment I contest that there is any good in this abomination.

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