emilynghiem
Constitutionalist / Universalist
And one more time, educating fellow progressives on why the ACA mandates were unconstitutional.
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To fellow Progressives on why ACA was unconstitutional:
1. ACA was passed as public health bill through Congress since it would have failed as a tax bill and voted down. But Justice Roberts rewrote his dissenting opinion to rule in favor of ACA as a tax bill since it failed to qualify under either the commerce clause or any other provision (as you use "general welfare" which isnt in the actual Constitutional laws and duties) It is disputed for this reason, that it wasn't the same bill passed through both Congress and Courts, where the Judicial branch does NOT have legislative authority to "rewrite" a public health bill as a tax bill in order to rule in favor. However contesting this issue requires a Constitutional Convention due to the clashing beliefs exceeding the jurisdiction of both federal govt and courts because political beliefs belong to the people
2. Note to Progressives: the political belief in right to health care, like right to life applying to unborn, belongs to the people. A Constitutional Amendment is required to expand the jurisdiction and duties of federal govt to apply right to health care and right to life on a national scale. Otherwise establishing beliefs of one group over others discriminates by creed and violates equal Civil Rights and Constitutional protections.
As I told other friends, you have your political beliefs you are entitled to. And so do Constitutionalists and Christians who believe in right to life as you believe in right to health care. Obama, Pelosi and Roberts committed overreach and violated Constitutional protections by establishing a mandate that violated and discriminated against a whole class of people of Constitutional beliefs violated by bypassing an Amendment and abusing Congress and Courts to pass a hybrid bill that didn't follow Constitutional process and limits.
Consequently because ACA didn't meet Constitutional standards of representation, key provisions were struck down later as unconstitutional. Not just the birth control requirements, but the funding conflicts later reimbursed back to states, and the unconstitutional expenditures by Obama that failed to go through Congress.
Thus, ACA was unconstitutional on several levels: in spirit, by the letter of the law where it failed to follow the literal legislative and judicial process, and in the execution.
Sorry: You can believe it was legal but so was Slavery ruled as legal under property laws enforced by Courts. Courts were not the place to prove Slavery violated rights. The people had to establish that first, before govt and laws reflected and represented the people.
========================================
To fellow Progressives on why ACA was unconstitutional:
1. ACA was passed as public health bill through Congress since it would have failed as a tax bill and voted down. But Justice Roberts rewrote his dissenting opinion to rule in favor of ACA as a tax bill since it failed to qualify under either the commerce clause or any other provision (as you use "general welfare" which isnt in the actual Constitutional laws and duties) It is disputed for this reason, that it wasn't the same bill passed through both Congress and Courts, where the Judicial branch does NOT have legislative authority to "rewrite" a public health bill as a tax bill in order to rule in favor. However contesting this issue requires a Constitutional Convention due to the clashing beliefs exceeding the jurisdiction of both federal govt and courts because political beliefs belong to the people
2. Note to Progressives: the political belief in right to health care, like right to life applying to unborn, belongs to the people. A Constitutional Amendment is required to expand the jurisdiction and duties of federal govt to apply right to health care and right to life on a national scale. Otherwise establishing beliefs of one group over others discriminates by creed and violates equal Civil Rights and Constitutional protections.
As I told other friends, you have your political beliefs you are entitled to. And so do Constitutionalists and Christians who believe in right to life as you believe in right to health care. Obama, Pelosi and Roberts committed overreach and violated Constitutional protections by establishing a mandate that violated and discriminated against a whole class of people of Constitutional beliefs violated by bypassing an Amendment and abusing Congress and Courts to pass a hybrid bill that didn't follow Constitutional process and limits.
Consequently because ACA didn't meet Constitutional standards of representation, key provisions were struck down later as unconstitutional. Not just the birth control requirements, but the funding conflicts later reimbursed back to states, and the unconstitutional expenditures by Obama that failed to go through Congress.
Thus, ACA was unconstitutional on several levels: in spirit, by the letter of the law where it failed to follow the literal legislative and judicial process, and in the execution.
Sorry: You can believe it was legal but so was Slavery ruled as legal under property laws enforced by Courts. Courts were not the place to prove Slavery violated rights. The people had to establish that first, before govt and laws reflected and represented the people.