Right wing Activist Judges overturning healthcare bill

The problem here is not only activism (overturning HCR because of tax code), but overreach (nullifying the entirety of the law). The right can stop calling other judges activist now. Response to: http://www.youtube.com/watch?v=xxf-dKVqFN0

Category:

News & Politics

Tags:

• howtheworldworks
• right
• wing
• activist
• judges
• health
• care
• reform

[Trimbler00]

The Constitution specifically allows our government to lay and collect taxes... no such amendment exists allowing our government to operate healthcare. Simple as that.

[j0hnwi11iams]

@Trimbler00 There is no amendment for ANY government program, including police, fire, schools, etc.

[Trenaway]

You have absolutely no idea how our government works! There are three branches. The executive the congress and the judiciary. The executive is the watch dog of the judiciary, the congress is the watchdog of the executive branch and the judiciary is the watchdog of the congress. Now the judiciary is the watchdog to make sure that laws are NOT unconstitutional and have the power to strike them down if they are. They tell the congress they must rewrite the law or start over to make if constitution

[j0hnwi11iams]

@Trenaway You need to look at the constitution. Branches of government have SEPARATE powers. They are not "watchdogs". The legislature creates law. The executive enforces the law. The judiciary examines evidence and determines guilt.

[spanky061970]

As the judge's opinion stated, the commerce clause does not give the government the right to regulate inactivity. In other words, the legislation can not mandate that citizens engage in commerce. The argument that the legislation would impose increased taxes on those who do not purchase insurance is simply inane. The legislation clearly imposes "fines" for those failing to purchase insurance. You can not call a fine a tax. And since the mandate is not separable from the law, the law is void.

[j0hnwi11iams]

@spanky061970 You are compelled to perform a number of duties according to the constitution, including paying taxes and jury duty, and at one time the military draft. This mandate is rather mild compared to some others, and the punishment is no where near as severe.

[thewag777]

I do agree that overturning the ENTIRE bill is a case of right-winged judicial activism. However, the MANDATE portion of the bill really is unconstitutional, and should be overturned. You say the framers never intended the Court to have that authority, but according to Article III, they "have the power in all cases arising in law and equity under this Constitution" They have the authority to overturn unconstitutional laws therefore.

[jkessler410]

@j0hnwi11iams which is why the federal governments don't provide police, fire departments or schools.. last time I checked those where state/city provided.

[dmtirino]

@v2joecr Healthcare is something we all have to use and share. Macintosh computers are a luxuary

[v2joecr]

The mandate that everyone buys insurance makes as much sense as forcing everyone in america to purchase 5 brand new Macintosh computers every year.

[xlr8r2010]

Speaking of laws being overturned.....kinda like how the LIBERAL judge who crippled Arizona's illegal immigration bill.....the bill stopped dead in its tracks despite the majority of people wanting it passed.Liberals are really pathetic....it sucks we can't deport these anti American assholes,they serve no useful purpose at all...they are a disease.

[kjack5]

Both parties have become pathetic-the republicans are exteremely pathetic because they are fascistly destroying all of our individual rights and workers rights and sovereign rights and laughing while they do it-just because they are on the 'red' team; while the democrats don't even stand up for there rights and Obama is just a patsy who is cattering to the international banksters and is himself a fascist!!

[MrGreeneggsnham]

Where in the Constitution does it say the federal government can force you to buy a service?

[BurnBeforeEating]

@j0hnwi11iams It's called the Tenth Amendment. Those powers are left to the states.

[BurnBeforeEating]

The judge who upheld it defended his position by saying that the government had the right to regulate thoughts and inaction. Not a good defense at all.

[CDubSD]

A judge's job is to interpret the law and he must do so according to the Constitution. An activist judge disregards the constitution for his own view...not enforcing the constitution itself.

Do you just make things up and hope people will believe it?