Ravi
Diamond Member
I'm not totally getting what you are saying, can you give me a concrete example? Just because the feds can't hear divorce cases doesn't mean the state can deny someone's civil rights in a divorce case.There is NOTHING the state can do that is unconstitutional at a federal level.There are some things that are reserved to the States, and the Feds can't touch them.
Health insurance isn't one of them.
My point to manipoo was pretty simple. He claimed masscare was constitutional at the state level but not at the federal level. That is impossible.
Not entirely true. There are some things the states can do that are reserved to them and them alone. The Feds aren't empowered to do it. One example would be marriage and family law (questions of DOMA constitutionality aside). Federal courts are barred from hearing things like custody and divorce cases.
There are also parts of the Bill of Rights that aren't incorporated to the States, like the 7th.
But you're right about health insurance in general. The question on constitutionality that's a case of first impression is enforcing the mandate with a tax/penalty, it's a commerce clause issue not a 10th Amendment issue.