President Barack Obama is one of the worst presidents ever in terms of respecting constitutional limitations on government, and the states suing the federal government over healthcare reform "have a pretty strong case" and are likely to prevail, according to author and judicial analyst Andrew P. Napolitano.
In an exclusive interview with Newsmax.TV's Ashley Martella, Napolitano says the president's healthcare reforms amount to "commandeering" the state legislatures for federal purposes, which the Supreme Court has forbidden as unconstitutional.
"The Constitution does not authorize the Congress to regulate the state governments," Napolitano says. "Nevertheless, in this piece of legislation, the Congress has told the state governments that they must modify their regulation of certain areas of healthcare, they must surrender their regulation of other areas of healthcare, and they must spend state taxpayer-generated dollars in a way that the Congress wants it done.
"That's called commandeering the legislature," he says. "That's the Congress taking away the discretion of the legislature with respect to regulation, and spending taxpayer dollars. That's prohibited in a couple of Supreme Court cases. So on that argument, the attorneys general have a pretty strong case and I think they will prevail.”
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5 comments:
After Pres-Bo dissed the supreme court during the state of the union show, I'll bet they won't have much sympathy for anything he has pushed thru.
it just goes to show how smart Obama is as a world leader by commandeering health care instead of oil companies!!! health care is high but my god our country doesnt run on health care!!! maybe if himself and the democratic party put as much effort into regulating the price of oil as they are regulating health care we could afford a little higher premiums!!!
I remember this from the Civil Rights controversy in the 1960's.
"States Rights" it was called.
If the federal government can require states to integrate their schools,they can require this.
Pres-Bo is a constitutional law professor. I suspect he has looked into this.
Junior21804
You are a glaring example of why we have out of contol libstards ruining this country.
Regulate oil companies?
What kind of stupid statement is that?
The progressives are so embedded in our courts I don't think the Constitution has much of a chance . I see this country turning into Russia with sections breaking off to try and form their own small countries .
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