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Anonymous
Anonymous asked in Politics & GovernmentPolitics · 1 decade ago

What part of Obamacare violating the Anti-Commandeering Doctrine & the Constitution do Obamatards not get?

Executive Commandeering:

Printz v. US

Scalia refers to the “dual sovereignty” established by the U.S. Constitution that federalism is built upon. His opinion states that the Framers designed the Constitution to allow Federal regulation of international and interstate matters, not internal matters reserved to the State Legislatures. The majority arrives at the conclusion that allowing the Federal government to draft the police officers of the 50 states into its service would increase its powers far beyond what the Constitution intends.

// to Obamacare:

Authorizing the federal government to draft state officers into its service

8 minutes ago

Legislative Commandeering:

he federal government "crossed the line distinguishing encouragement from coercion." The distinction was that with respect to the "take title" provision, the States had to choose between conforming to federal regulations or taking title to the waste. Since Congress cannot directly force States to legislate according to their scheme, and since Congress likewise cannot force States to take title to radioactive waste, O'Connor reasoned that Congress cannot force States to choose between the two. Such coercion would be counter to the federalist structure of government, in which a "core of state sovereignty" is enshrined in the Tenth Amendment.

// Pelosi trying to force states to take title to payment and management of Obamacare

Both decisions were 5-4 with Kennedy voting with the Conservative Majority

7 Answers

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  • 1 decade ago
    Favorite Answer

    The anti-commandeering doctrine simply state that the Federal government can't force state governments to pass laws.

    The federal government CAN coerce State governments which was proved when they forced states to accept the 55 mph speed limit or lose federal highway funding.

    Don't Republicans "get it"?

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  • 1 decade ago

    There's nothing similar to the drafting of police officers or forcing states to legislate in the health care bill. The bill is constitutional.

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  • 1 decade ago

    They do get it. They don't care. One of the main pillars of progressivism is that the constitution is an outdated document that long ago outlived its usefulness. FDR in fact proposed a new bill of rights.

    For me that issue is really at the core of the tea party movement. Are we a republic governed by our constitution or aren't we?

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  • 1 decade ago

    Well said! Obama and his pals understand what they're doing is wrong, they just don't want anyone else to think about any of this stuff! They don't care about the American people, they only care about their own power.

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  • EviL
    Lv 6
    1 decade ago

    Obamatards ? NIce Rant

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  • Anonymous
    1 decade ago

    Who told you people actually read nowadays

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  • 1 decade ago

    good point. I hope you will repost this so that more people can read it.

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