Why is Obamacare unconstitutional but Medicare is not?

yes I read it. I understand how someone of low intelligence could interpret it the way you did. The FACT is Hamilton would most likely disagree with your interpretation of that clause. Anymore words from the founders you would like to bastardize?


The U. S. Supreme Court first interpreted the clause in United States v. Butler (1936). There, Justice Owen Roberts, in his majority opinion, agreed with Hamilton's view and held that the general welfare language in the taxing-and-spending clause constituted a separate grant of power to Congress to spend in areas over which it was not granted direct regulatory control.
General Welfare Clause: Information from Answers.com

You really can't fucking read, can you? A Supreme Court Justice can't read, either I guess.




BTW, you should go an edit wikipedia.

* the narrower view of James Madison that spending must be at least tangentially tied to one of the other specifically enumerated powers, such as regulating interstate or foreign commerce, or providing for the military, as the General Welfare Clause is not a specific grant of power, but a statement of purpose qualifying the power to tax;[16][17] and
* the broader view of Alexander Hamilton that spending is an enumerated power that Congress may exercise independently to benefit the general welfare, such as to assist national needs in agriculture or education, provided that the spending is general in nature and does not favor any specific section of the country over any other.[18]

Taxing and Spending Clause - Wikipedia, the free encyclopedia
 
We're basically going to go back and forth on this to infinity because YOU CAN'T READ. I keep telling you that the general welfare clause does not grant unlimited power - it only grants SPENDING power for the general welfare - and in fact, the quote from Hamilton YOU SUPPLIED says the same thing. Then you come back and tell me its absurd to think it grants unlimited power. One can only conclude you have severe reading comprehension problems, which isn't surprising since you believe the Constitution to be written

Still wrong. if the above is true that would mean government can tax for whatever it wants to. Surely you aren't so stupid as to believe that's what the framers intended. Can you not comprehend the level of tyranny that could result from such an interpretation? Jefferson, Madison and Hamilton aren't just speaking to curtailing unlimited power, in their writings they are trying to explain (not well enough for you I guess) that not only do they not have unlimited power, the fed does not have unlimited power to tax for whatever it can spin as being for the general wellfare.
 
and again, you can't provide a limit on the GW clause,

Sure you can. Its limited to appropriation of funds. It in fact says this. This is what you and Bern I guess just can't fathom. Are you 10 year olds or something?

This is from a Supreme Court case:
... the general welfare language in the taxing-and-spending clause constituted a separate grant of power to Congress to spend in areas over which it was not granted direct regulatory control.

General Welfare Clause: Information from Answers.com

Do you understand what this means? The powers which follow the general welfare clause are, for the most part, regulatory in nature. Congress may regulate patents. Congress may establish bankruptcy regulations. Congress may constitute inferior tribunals. Etc. These are powers to REGULATE.

The taxation clause is the power to SPEND MONEY, and yes, that power is very general. But it is only a power to spend money, not to regulate.

To give a simple example:


Say the Congress decided that it was in the interest of the general welfare if everyone in the nation read Orwell's "1984".

The taxation clause grants them the power to SPEND money to this end - they can tax people, and buy copies of the book, and send those copies to every household in America.

What they would not be allowed to do is REGULATE to this end - they could not pass a law requiring anyone to read the book, for instance.


Do you see the difference?

like h/c...you already have made up your mind that the specific waterboarding is torture, though no court has said so, and here, you have made up your mind that h/c is not unconstitutional though no court has ruled thusly.

I don't need a court to tell me waterboarding is torture. I'm not a moron. Torture is a federal crime.
 
you're a moron spidey....i've never talked about GW in aother other terms except spending

i noticed you cut all that out of my post and avoided the tough parts...

you are a hypocrite on this subject because you have no problem labeling something unconstitutional but whine when others label something unconstitutional because no court has ruled so....

fact is, you have not supplied one limit to GW spending power, you are being totally dishonest by trying to claim i am talking about anything else, the entire time we have talked solely about spending and funds...nice red herring and way to be a coward on addressing what we're actually talking about....you have made the enumated powers meaningless...
 
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if the above is true that would mean government can tax for whatever it wants to.


IF ITS TO SPEND ON THE GENERAL WELFARE IT CAN


Surely you aren't so stupid as to believe that's what the framers intended.

Brilliant defense. Just tell me I'm stupid because I can understand plain English better than you.

But you don't have to take my word for it:


Helvering v. Davis (1937)


Congress may spend money in aid of the "general welfare." Constitution, Art. I, section 8; United States v. Butler, 297 U.S. 1, 65; Steward Machine Co. v. Davis, supra. There have been great statesmen in our history who have stood for other views. We will not resurrect the contest. It is now settled by decision. United States v. Butler, supra. The conception of the spending power advocated by Hamilton and strongly reinforced by Story has prevailed over that of Madison, which has not been lacking in adherents.

HAMILTON AND MADISON DO NOT AGREE ON THIS ISSUE

Helvering v. Davis, 301 U.S. 619 (1937)


Can you not comprehend the level of tyranny that could result from such an interpretation?

THAT'S EXACTLY THE WAY THE SUPREME COURT HAVE INTERPRETED IT SINCE 1936 YOU DOLT. IF YOU THINK THE U.S. HAS BEEN LIVING UNDER TYRANNY SINCE THEN MAYBE YOU SHOULD LEAVE.
 
you're a moron spidey....i've never talked about GW in aother other terms except spending

Well Ok then. I guess we agree. The Congress can spend money on the general welfare. Good day.

thats what i thought coward...run away from the limitless power to spend argument....as i said, your view causes most the enumerated powers listed, to be redundant and meaningless...

but its much easier for you falsely claim i'm talking about making tobacco illegal, you can't actually defend your view that the GW gives congress carte blanche power to spend for anything, so you create red herrings, cut out huge portions of my post so you don't actually have to debate any substance....

thanks for displaying intellectual dishonesty in such a brilliant fashion, kudos
 
thats what i thought coward...run away from the limitless power to spend argument....as i said, your view causes most the enumerated powers listed, to be redundant and meaningless...

Uhh, no, sorry. Do I have to go by them one by one?

The power to borrow money is not covered by the 1st clause, as the 1st clause only grants the power to tax and spend.

The power to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes is not covered by the 1st clause as it is a granting of regulatory power, not spending power.

And yet again, the power to establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States is regulatory in nature, thus is not covered under the 1st clause.

The power to coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures conveys the ultimate authority to create the money supply and to regulate it as well as weights and measures.


Are you seeing the difference yet? How many difference ways do I have to put it? Have you ever read any actual Supreme Court cases on these issues, or do you get all your answers from whichever right wing blogger is saying what you like to hear?




but its much easier for you falsely claim i'm talking about making tobacco illegal,

I never claimed that. YOU SERIOUSLY ARE MENTALLY HANDICAPPED AREN'T YOU?
 
Do you understand what this means? The powers which follow the general welfare clause are, for the most part, regulatory in nature. Congress may regulate patents. Congress may establish bankruptcy regulations. Congress may constitute inferior tribunals. Etc. These are powers to REGULATE.

Wrong yet again. The power to regulate falls under the interestate commerce clause. Taking another item from that list, the government's duty isn't just to regulate the Navy, their duty is to PROVIDE for a Navy for the public defense.

The taxation clause is the power to SPEND MONEY, and yes, that power is very general. But it is only a power to spend money, not to regulate.

To give a simple example:

Say the Congress decided that it was in the interest of the general welfare if everyone in the nation read Orwell's "1984".

The taxation clause grants them the power to SPEND money to this end - they can tax people, and buy copies of the book, and send those copies to every household in America.

What they would not be allowed to do is REGULATE to this end - they could not pass a law requiring anyone to read the book, for instance.


Do you see the difference?

Yes I see the difference. To believe that the framers intended for the fed to have that level of power is what is ridiculous. They could state it's in the general wellfare for everyone to own a car as well. If you think there is no more check against that the just the ability to vote them out of office you are truly naive.
 
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Yes I see the difference. To believe that the framers intended for the fed to have that level of power is what is ridiculous.
Its what they wrote and its what the courts have held. [/quote]
They could state it's in the general wellfare for everyone to own a car as well.
They could. But I'd doubt they'd get reelected if they did that. That's the whole point of democracy through elected government. We the People determine what is the 'general welfare' by our will expressed through Congress. If you think public healthcare is not in the 'general welfare' then express that will through your vote (as I'm sure you have). But you personally do not get to determine what is in the general welfare, we as a nation determine that collectively.


Can you cite any actual court cases to back up your opinion? No, you cannot. I can and I have. You lose.
 
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gotta love spidey's willful neglect of mentioning any of the spending enumerated powers :lol:

you talked about tobacco use earlier, as if i was thinking in that vein...nice try sporto, but your view makes meaningless most of the enumerated powers, why even bother mentioning anything enumerated powers regarding spending if the GW clause means you can spend for anything, if it is unlimited?

you can't answer that, so you spin madly away and bring abolishing tobacco and typing in large fonts due to your frustration at your inability to defend your position

next
 
gotta love spidey's willful neglect of mentioning any of the spending enumerated powers :lol:

gotta love Yurts neglect of mentioning any of them either. Go ahead Yurt, other than the 1st clause, what are the enumerated "spending" powers?


you talked about tobacco use earlier, as if i was thinking in that vein
Actually I was just making an example, but you're too dim to get it.

...nice try sporto, but your view

Its not just my view. ITS ALSO THE SUPREME COURTS

makes meaningless most of the enumerated powers,

No, it doesn't, and I've explained why on numerous occasions. One can only conclude you are too stupid to understand.

why even bother mentioning anything enumerated powers regarding spending if the GW clause means you can spend for anything, if it is unlimited?


Which enumerated powers specifically are you referring to?



you can't answer that

You're too stupid to come up with a single enumerated power that soley grants spending authority other than the 1st clause. Other than the 1st they are all regulatory in nature or grant powers which are more than just spending powers.


For instance - To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; - does not merely confer the authority to spend money, it confers the authority to DRAFT CIVILIANS into service. Does the general welfare clause give congress the authority to force civilians into military service? No.


ITS FUNNY HOW I COME UP WITH EXAMPLE AFTER EXAMPLE TO SUPPORT MY CASE, AND ALL YOU CAN DO IS CALL ME STUPID FOR NOT COMING UP WITH EXAMPLES TO SUPPORT YOUR CASE. EVER THOUGHT OF COMING UP WITH YOUR OWN EXAMPLES???
 
medicare is an unconstitutional progressive idea that we are now stuck with.

What makes it unconstitutional?

As you can see from its poor balance sheet performance medicare is not a example for making an even bigger government health program.

How many payments has medicare missed lately? And can you please name the nation where seniors get better health care.

I wish my personal debts were backed entirely by the full faith and credit of the U.S. government.
 
medicare is an unconstitutional progressive idea that we are now stuck with.

What makes it unconstitutional?

As you can see from its poor balance sheet performance medicare is not a example for making an even bigger government health program.

How many payments has medicare missed lately? And can you please name the nation where seniors get better health care.

I wish my personal debts were backed entirely by the full faith and credit of the U.S. government.

The constition does not give the federal government the power to remove property(money) from one group of individuals (all workers) to provide a service for another group of individuals (medicare receipiants).

I dont have any personal debt so seing a program run in the red by trillions of dollars year after year tells me we can't trust the government to run an even bigger one efficiently.
 
The constition does not give the federal government the power to remove property(money) from one group of individuals (all workers) to provide a service for another group of individuals (medicare receipiants).

Yes it does. The authority to tax income comes from the 16 amendment. The authority to spend taxes on health care comes from Article I Section 8 Clause 1.


I dont have any personal debt so seing a program run in the red by trillions of dollars year after year
Medicare does not run trillions in the red year after year. You obviously have no clue what you are talking about.


oh, and btw


PLEASE TELL ME THE NAME OF THE COUNTRY WHERE SENIORS GET BETTER HEALTH CARE
 
To establish Post Offices and Post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;


:lol::lol:
 
Markets and Medicare - WSJ.com medicare has a 74trillion dollar unfunded liability.

I never claimed the constitution didn't have provisions for taxation, you say I did but I didn't. I specifically said "the constition does not give the federal government the power to remove property(money) from one group of individuals (all workers) to provide a service for another group of individuals (medicare receipiants)."

1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

According to the section of the constitution you quoted our actual progressive tax system is unconstitutional.

Our opinions will diverge on the meaning of "provide for the common defense and general welfare"
 
To establish Post Offices and Post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;


:lol::lol:

aww man i was saving that for next....the fact that they spelled out what the specific responsibilites were. You ruined my predictable debate :lol:
 
Brilliant defense. Just tell me I'm stupid because I can understand plain English better than you.

But you don't have to take my word for it:

There isn't really any other conclusion that can be made. If government can tax for anything in the general wellfare and there are no other qualifiers to general wellfare other than what is stated in that clause then it can also define as it wishes what general wellfare means. If you can't see the problem with that there really is no helping you.
 

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