Thread: Constitutionality of Obamacare

Originally Posted by MomaD

It would seem your persecutor was removed, and [...] I take it he can't respond so rudely anymore...

Oh, I wouldn't assume that. Anyone who was banned could just create a new account here with a different username.

If they had a big enough axe to grind, that is.

It's as constitutional as any other proposed Government Plan. Which I guess means; Not constitutional in its literal interpretation but the Supreme Court will find a way to create an opinion that supports its constitutionality. That being said I am NOT at all saying its good or bad. BUT when it comes to constitutionality just consider the 14th amendment (Equal Protection Clause) which was interpreted to mean in short "discrimination for race religion etc is illegal" this applied directly to the States via the Federal Government aka Supreme Court. However, Washington DC was not a State so immediately the 14th amendment didn't apply to the District of Columbia. Hence the Supreme Court said it did. They did so by something called a "legal fiction"...yes you read that correctly; a "LEGAL FICTION" like magical fairy dust sprinkled on the constitution and law. Thus they created something called "reverse incorporation" so that the 4th and 14th amendments would apply to DC. You can do through research on both terms to get an in depth understanding. However, the point is, they WILL make a square peg fit in a round hole if indeed they need or want to. If the desire or need isn't present all of the sudden they magically pronounce that indeed square pegs don't fit in round holes. In relation to Health Care I suspect the supreme court will do the legal equivalent of a bowling ball through a straw if necessary.
Hence the argument of it it's Constitutional or not seems almost moot.
just my .02 cents on it.

Finally someone who agrees with me. !!!

Good 'ole Supreme Court. Those guys can do anything!

Now about that bowling ball through a straw thing???

Who? What?

Monica Lewinsky? What?

khaos, shouldn't you be studying young man??

Foolin' around on the computer and wastin' time!

Lol its 3pm studying what? Studying only happens between 12pm and 3am on Sundays and nights before exams... duh. An idiot would know that...

Originally Posted by khaos

Finally someone who agrees with me. !!!

LOL! well its true. Supreme Court is the best kept secret of the USA! ha ha! Im not a lawyer, but some real gems are hidden in Supreme Court opinions! Its incredible what you can find there.
Seriously, they found discrimination "offensive" and against the constitution. When it was challenged in the opposite direction (Texas university Law or Undergrad Racial quota?? cant recall the exact case) They found that though it was a form of discrimination it was okay. Read the opinion on that one! Its incredible! Seriously they can sell ice to eskimos. The question isn't is something constitutional. The question is "Can the Supreme Court MAKE it constitutional" ha

That opens a whole new can of worms as to whether Judicial Review is Constitutional, which is circular, because they are the one who determine whether things are constitutional or not! (Judicial Review is the process whereby the Supreme Court establishes "laws" through precedents. Every time they pass an opinion in a case it becomes a precedent. And even though these aren't laws, as we have clearly seen in this thread, they are treated like laws.) And the precedent is that Judicial Review is okay. Surprise!

Originally Posted by khaos

That opens a whole new can of worms as to whether Judicial Review is Constitutional, which is circular, because they are the one who determine whether things are constitutional or not! (Judicial Review is the process whereby the Supreme Court establishes "laws" through precedents. Every time they pass an opinion in a case it becomes a precedent. And even though these aren't laws, as we have clearly seen in this thread, they are treated like laws.) And the precedent is that Judicial Review is okay. Surprise!

However the Legislature has the ability to overrule the Supreme Court by passing a law which reverses the opinion of the Court (or a constitutional amendment if it is a Constitutional question). The power of the Supreme Court is subject to the check and balance of the legislative branch.