Obamacare to Supreme Court

Discussion in 'Current Events' started by Bluesguy, Sep 26, 2011.

  1. Consmike

    Consmike New Member Past Donor

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    That right there is the exact reason of why Obamcare will be overturned.
     
  2. Consmike

    Consmike New Member Past Donor

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    No, it only made those in the militia to own a firearm.
     
    Talon and (deleted member) like this.
  3. Whaler17

    Whaler17 Well-Known Member

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    Obama care is DEAD!
     
  4. Consmike

    Consmike New Member Past Donor

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    Bury Obamacare with Ted kennedy.
     
  5. Questerr

    Questerr Banned

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    It made all male citizens part of the militia, then required them all to buy firearms.

    Stop being obtuse.
     
  6. Talon

    Talon Well-Known Member Past Donor

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    True, and the Militia Act was never challenged, much less upheld, in court.
     
  7. Bluesguy

    Bluesguy Well-Known Member Donor

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    It did nothing of the sort, it applied only to a very limited subset of people, those drafted into the militia, and excluded most people.

    "Unlike the reach of the health care bill, the Second Militia Act applies to a narrow sub-section of society: white, male citizens between the ages of eighteen and forty-five who are members of the militia. Section I of the Act, which includes the list of required goods, begins: “Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of 45 years (except as is herein after excepted) shall severally and respectively be enrolled in the militia.” It follows that the Second Militia Act would not apply to anyone not enrolled in the militia: including non-citizens, the infirm, men younger than 18, men older than 45, or women.

    Section II of the Act further exempts a whole host of men, despite fitting the age and fitness requirements, from participating in the militia and therefore the requirement of procuring muskets, bullets, and other such items pertaining to militia service. Specifically exempted from the militia are the Vice-President of the United States, judicial and executive officers, members of the House and Senate, post officers, certain ferry officers and stager drivers to name a few. Moreover, the language of the statute requires to a member of the militia “provide himself” with the list of goods. It is possible that a man could have inherited a musket, bartered for a knapsack, or made his own bullets, and still be in compliance with the Act. In contrast to the Second Militia Act, the health care bill applies to any living breathing person in America (except maybe top Hill staffers) to purchase health insurance. It is unlikely one could inherit, barter, or create one’s own health insurance and avoid the penalty of law.

    The greatest difference between the health care bill and the Second Militia Act is constitutionality. There is solid constitutional basis for the Second Militia Act: Article I, section 8, clause 16 states that Congress has the power “To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.” Articulating a list of goods required for militia service is certainly within the bounds of this clause. Indeed, Federalist 29 emphasizes that such regulation of the militia is part of “superintending the common defense, and of watching over the internal peace of the Confederacy.”

    In contrast to the Second Militia Act, the health care legislation lacks any constitutional basis or legal precedent to support its requirement that every living person in America purchase health care insurance. Some have suggested the Commerce Clause to be basis for the individual mandate. But this is wrong. The Commerce Clause does not empower Congress to impose a duty on individuals as members of society to purchase a specific service that would be heavily regulated by the federal government. To be clear, neither the original meaning of the clause nor even the most expansive court interpretation of the commerce clause authorizes the individual mandate.

    The individual mandate is deeply problematic and truly unprecedented. While it is important to look to Founders’ writings and examples to guide today’s policy questions, one should avoid selectively quoting and ultimately mischaracterizing the Founders."
    http://fixhealthcarepolicy.com/heal...unprecedented-and-unconstitutional/#more-3302

    I know this specious argument is being planted all over the internet but it has been roundly refute.
     
  8. Consmike

    Consmike New Member Past Donor

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    No, it did not. Another fail.

    First we go from all citizens, to all males, when its only males between 18-45, who are able bodied to join the militia IF, the United States was to be invaded or in Imminent danger
     
  9. The Mello Guy

    The Mello Guy Well-Known Member

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    well if you have insurance you get credit for that and dont have to pay more.
     
  10. Bluesguy

    Bluesguy Well-Known Member Donor

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    And only applied to those enlisted into the militia, not a blanket requirement for every citizen.
     
  11. The Mello Guy

    The Mello Guy Well-Known Member

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    and not all citizens will be required to buy insurance...

    as most of us already have it
     
  12. Bluesguy

    Bluesguy Well-Known Member Donor

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    And then there were further exemptions AND the fact that the Constitution explicitly authorized the creation of the militia, REQUIRED it.
     
  13. Consmike

    Consmike New Member Past Donor

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    lmao, but all citizens must have it. thats the point.
     
  14. keymanjim

    keymanjim New Member Past Donor

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    It also required them to own a musket, a powder horn, 1/4 pound of gun powder, 20 rifle balls, a shooting pouch, a bayonet and belt, two spare flints, a cartridge box with 24 bullets, and a knapsack.

    Do you own these items today.
    Since I already know the answer, why not?
     
  15. Bearack

    Bearack Well-Known Member

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    No, it did not. It required Militia, white men form the age of 18 to 45 to purchase a rifle/musket. Obamacare requires EVERYONE to purchase.
     
  16. Lionist

    Lionist New Member

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    I don't understand why they can require, by law, for me to buy car insurance, yet they cannot require me to buy health insurance.
    Anyone? (well anyone that is nice, not combative).
     
  17. Questerr

    Questerr Banned

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    Yet no where does the Constitution give the Congress explicit power to force citizens to buy private goods.

    The Militia Act shows that an implied power to do it does exist.
     
  18. Consmike

    Consmike New Member Past Donor

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    Glad you mentioned that, I am running low on spare flints.
     
  19. The Mello Guy

    The Mello Guy Well-Known Member

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    but most already do...

    think about all those people who arent paying federal income tax who this might force to....shouldnt that make you smile?
     
  20. Lionist

    Lionist New Member

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    So Obamacare is ok if it only requires a certain sector to have it?
     
  21. Talon

    Talon Well-Known Member Past Donor

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    No, it doesn't, since the Militia Act was never even challenged, much less upheld in court.

    The fact that Guardsmen aren't required to furnish their own arms today should tell you something about the Militia Act of 1792...
     
  22. Bluesguy

    Bluesguy Well-Known Member Donor

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    No it doesn't and no where does the Constitution authorize a health care system or grant the Congress the power to create one. The power to organize and arm a militia was not implied it was explicit.
     
  23. Consmike

    Consmike New Member Past Donor

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    The fact that most do is irrelevant.

    BTW- if most citizens have insurance...why the need to pass Obamacare anyway? lmao
     
  24. The Mello Guy

    The Mello Guy Well-Known Member

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    thats idiotic, most citizens werent being subjected to discrimination, so why did we need the civil rights act?
     
  25. Talon

    Talon Well-Known Member Past Donor

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    Well that explains the Individual MANDATE and the penalty imposed on people who refuse to participate in Obama's government-mandated healthcare protection racket...:roll:
     

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