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Is National Health Insurance Constitutional?

Discussion in 'Political Debate & Discussion' started by Revmitchell, Aug 20, 2009.

  1. Johnv

    Johnv New Member

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    Whoa! Are you saying that it is not the job of SCOTUS to interpret the Constitution? Are you seriously saying that?

    It's sad that an immigrant like myself knows more about the constitution than many who were born here.
     
  2. SeekingTruth

    SeekingTruth Member

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    Where is "interpret" used in the Constitution in relation to powers/duties of the Supreme Court. Cite Article and Section number please. Otherwise you have no claim to superior knowledge of the Constitution.
     
  3. Johnv

    Johnv New Member

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    Interpetation is the ability of SCOTUS to decide cases based on its review of law. Article III gives the Supreme Court jurisdiction (authority to review) cases. The first time this ability to review was tested was in 1803 in the case of Marbury vs Madison.

    Before you go off with "the word 'interpret'" isn't in the constitution, neither is "the elastic clause", "separation of powers", or "innocent until proven guilty" are not in the constitution either, but those concepts are clearly in existence.
     
    #23 Johnv, Aug 20, 2009
    Last edited by a moderator: Aug 20, 2009
  4. SeekingTruth

    SeekingTruth Member

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    The Constitution does NOT give the Court power to interpret. The Court is to APPLY the Constitution not find things/powers there that do not exist, such as "right to abortion". You still maintain that the Constitution grants interpretive power to the Court. WHERE?
     
  5. Johnv

    Johnv New Member

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    Asked and answered.
     
  6. Crabtownboy

    Crabtownboy Well-Known Member
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    Does the Constitution give preachers tax breaks? Silly question deserves a silly answer.
     
  7. SeekingTruth

    SeekingTruth Member

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    Marbury vs Madison was decided by the Court, probably using powers it does not have, but since there is no appeal from the SC the ruling stands. In fact a careful reading of the decision shows the court in reality was ruling on an effort by Congress to change the power the constitution did give it, in this case original jurisdiction over certain classes of action. Marbury had argued that the constitution merely set a floor and that Congress coud change that floor.
    Further
    No interpretation here.
     
  8. SeekingTruth

    SeekingTruth Member

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    Asked not answered. Typical lib finding facts not present.
     
  9. Johnv

    Johnv New Member

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    Oh, not, not the "L" word again! Even sillier, considering that I'm 100% against the health bill, and am not by any stretch an Obama fan.

    I'll repeat it for the hearing impaired. Interpetation is the ability of SCOTUS to decide cases based on its review of law. Article III gives the Supreme Court authority to review cases, and rule in accordance with how they read the Constitution. The first time this ability to review was tested was in 1803 in the case of Marbury vs Madison.

    The notion that SCOTUS can't intpret based on the absence of the word "interpret" is silly. The process of law review is the how the interpretation occurs for SCOTUS and all other levels of the judiciary. The phrases "the elastic clause", "separation of powers", or "innocent until proven guilty" are not in the constitution either, but those concepts are clearly in existence.
     
  10. alatide

    alatide New Member

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    If "common welfare" doesn't include health care for all who need it what does it include?
     
  11. OldRegular

    OldRegular Well-Known Member

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    For the Marxist/democrats it means whatever they want including the reduction of the country to a third world country. They are ashamed of the success of this country in the world. Admit it!
     
  12. saturneptune

    saturneptune New Member

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    So what have you been smoking?
    [​IMG]
     
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