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AP/CBS
CBS/AP
The White House officials said that the ruling would not have an impact on implementation of the law, which is being phased in gradually. (The individual mandate, for example, does not begin until 2014.) They said that states cannot use the ruling as a basis to delay implementation in part because the ruling does not rest on "anything like a conventional Constitutional analysis." Twenty-six states were involved in the lawsuit. © 2011 CBS Interactive Inc. All Rights Reserved.
White House Fires Back at Ruling Declaring Obama's Health Care Law Unconstitutional, Calls Decision "Judicial Activism"
AP/CBS
Senior Obama administration officials told reporters late Monday afternoon that a federal judge's ruling deeming the sweeping health care reform law unconstitutional is "well out of the mainstream of judicial opinion" and predicted it would be overturned on appeal.
The officials laid out their case against the ruling, which is grounded in the argument that the mandate that Americans buy health care insurance or pay a fine, on a conference call. They suggested that judge Roger Vinson decision ignored cases that did not fit his conclusion, that a "good deal of it is built on sort of rhetorical conjecture," and that the judge did allow that the federal government has the right to regulate decisions to buy insurance despite his ultimate conclusion.
"The analysis is on the whole is, to put it charitably, unconventional," said one official. Another said repeatedly that it is an "outlier" that contradicts other rulings.
Their complaint that the decision was built in part on conjecture was related to passages like this: "Or, as discussed during oral argument, Congress could require that people buy and consume broccoli at regular intervals...Not only because the required purchases will positively impact interstate commerce, but also because people who eat healthier tend to be healthier, and are thus more productive and put less of a strain on the health care system."
That passage, one official said, "does not in any way fit with a traditional Commerce Clause analysis." The official added: "It's really frankly, as I can tell, a scare tactic, and it's not one that any lawyer of any ideological inclination would recognize."
Health Reform Unconstitutional, Says Judge: Is He Right? (POLL)
In striking down the law, Vinson found Congress exceeded its authority in passing the law under the Constitution's Commerce Clause. He said it would be a "radical departure" from existing law to give Congress power to order people to buy something, as opposed to merely regulating activity once someone has entered the economic stream.
This is similar to the judge's ruling in an earlier case in Virginia -- except Vinson concluded he couldn't sever the unconstitutional individual mandate provision from the broader law, and so as a result the entire law must fall.
CBS/AP
In a blog post on the White House website, Assistant to the President and Deputy Senior Adviser Stephanie Cutter wrote that the case is "is a plain case of judicial overreaching."
"We don't believe this kind of judicial activism will be upheld and we are confident that the Affordable Care Act will ultimately be declared constitutional by the courts," she added.
The Department of Justice released a statement decrying the ruling and announcing plans to appeal. It said it was considering whether it is necessary to seek a stay while the appeal is pending. (Initial analysis suggests that may not be needed because the judge found that the case will wind its way through the appeals process and reach the Supreme Court before the year 2014, when the individual mandate goes into effect.)
"We strongly disagree with the court's ruling today and continue to believe - as other federal courts have found - that the Affordable Care Act is constitutional," it said. "This is one of a number of cases pending before courts around the country, including several that the government has won in the district courts that are now before the courts of appeals. There is clear and well-established legal precedent that Congress acted within its constitutional authority in passing this law and we are confident that we will ultimately prevail on appeal."
Republicans, who campaigned on a promise to repeal the law legislatively, naturally had a far different take.
"Today's decision affirms the view, held by most of the states and a majority of the American people that the federal government should not be in the business of forcing you to buy health insurance and punishing you if you don't," said House Speaker John Boehner, whose chamber has voted to repeal the measure.
Added South Carolina Sen. Jim DeMint, who has organized Senate opposition to the bill: "ObamaCare is clearly unconstitutional, courts continue to rule against it, and Americans sent a clear message in November to repeal it. Today, all Republican senators have united to repeal this government takeover of health care. I will work with other Republicans to have a vote to repeal Obamacare as soon as possible."
Because Democrats control the Senate, there is virtually no chance that the body will pass a repeal bill.
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Fascism and Capitalism are interesting ideologies and have promising contributions to offer. Motivation via competition being two examples. There are other matters of concern that requires a balance check system to control of growth and expansion. Collateral damage that develops through these two systems is the spirit of neglect to portions of the society. It is inherent to its spirit to do so. Continued unchecked or brought to balance results an evolution to 1775 French Revolution scenarios. 1968 cultural revolution was a subtle spasm of the imbalance affects on the society. Today those spasm are becoming more pronounced and growing to global expressions through the communication and educational factors.
Examine the principles of capitalism. Ownership of laborers production and how the profits are distributed is solely decided by the owner. That owner is in competition with other owners, not necessarily within same production products. Competition dictates to owners to increase productivity profits. Obtain products with less labor and material, increases productivity. Distribution of increased productivity is not distributed to laborers. Disparity in production to productivity and distribution of profits is decided by owners. This can be observed in our system and its resulting effects.
Increased productivity profit held to owners and not in innovations and investments to production or to distributions to the society that produced the fertile soils for capitalism to flourish. Consumers evaporate from markets as productivity exceeds demand for laborers productions. They are the consumers ! Circumnavigating around this problem, the owners will now To be continued..
You are obviously a graduate of no child left behind.
Good luck in life
You have not given any rebuttal as to what is short. It is a rather lazy way to debate when all you can do is end your sentence with ..... rather than with substance.
Try again
Example; Your assertion of your knowledge on our constitution as it relates to the sovereignty of the state to the sovereignty of the union of the sates. Let me see, where do we look, how about " WE THE PEOPLE IN ORDER TO FORM A MORE PERFECT UNION"? Stress Union here. First words in the preamble.. You do read RIGHT. Civil War was fought on those principles. I know you think it was a war to free the slaves. RIGHT?
Roe vs. Wade If you do not understand something as simple as our first words of our constitution however are you going to be able to grasp the intelligence to privacy and abortion?
You mention socialism as being created by liberals? Consider how the words society, social and now socialism. Socialism is a by product of society. It will be found in every form of social union. Example the school that you need to get to for more education, is a product of socialism. Highway you ride on to get there, by product of socialism, Police, Fire department, Military, Taxes and so on and so on by products of socialism. Educate yourself beyond the rabid Fox's propaganda and there may be some hope for you.
Here some homework for you; Fascism what is it, does it work, does now exist? Consider chief justice Roberts decision this past Jan 2010 that unlimited funds can be used by corporations to purchase our politicians. Disclosure not required ! Corporations of China, Japan, Germany, Iran, Russia ETC., ETC, Mussolini defined Fascism as "The incorporation of corporations to the state" Right Wing agendas used during WW II. World History 101. Does imply that Supreme Court is advocating Right Wing ideologies? Perhaps that is what you desire. Lack of education increases Right Wing propaganda to manipulate the weak minded to their demise. Dropped out of school? Then go to library and educate yourself before you fall into the void of Right Wing eternal damnation. Library by product of Socialism! Health Care,.. whew; do you need to do research, on the ignorance you are spewing. You are not even close..
Like most liberals, you make it up as you go along to suit your position. The schools and highways do not fall under the strict definition of socialism.
so?cial?ism/?so????l?z?m/
1. a theory or system of social organization that advocates the vesting of the ownership and control of the means of production and distribution, of capital, land, etc., in the community as a whole.
2. procedure or practice in accordance with this theory.
3.(in Marxist theory) the stage following capitalism in the transition of a society to communism, characterized by the imperfect implementation of collectivist principles.
Socialism actually sprang from the success of capitalism. Marx was impressed with capitalistic industrial production he believed that conditions for workers could be improved if the control of production were moved from capitalists to the state. A top-down control system, such as that used in large business, was the model for socialist society. Yet the true engine of capitalism, the free market, was overlooked and left out of the plan.
If you really want to define where we are now, it is Corporate Fascism or Corporatism.
Corporatism, also known as corporativism, is a system of economic, political, or social organization that views a community as a body based upon organic social solidarity and functional distinction and roles among individuals.The term corporatism is based on the Latin word "corpus" meaning "body". Formal corporatist models are based upon the contract of corporate groups, such as agricultural, business, ethnic, labor, military, patronage, scientific, or religious affiliations, into a collective body.
One of the most prominent forms of corporatism is economic tripartism involving negotiations between business, labour, and state interest groups to set economic policy.
You do not have to look any further than GE and GM to see a perfect example. Obama has signed laws that he has exempted certain industrial giants and Unions that are all heavily involved in policy making.
So all of your argument is disjointed, and unintelligible. It is basically gobbledygook.
Best
Odd to think that Welfare Health Care is for the elite of our leadership and denied to all others of our society. Perhaps we may have a water down version of their Welfare Health Care passed on down to the PEE-ONS.. RIGHT ON, RIGHT ON? This is your way??
Your a poet and you don't even know it. I grew up in San Francisco in the 60s. I remember when LSD was legal and it was taken openly and freely. Your language and thought process is eerily reminiscent of someone tripping out.
I don't agree with a word that you say but I really wish you would share. ; )
How can a women claim freedom of choice when they can have an abortion with out the man, who is the babys father, consent and permission? If it is her choice and her choice only how can women decide to have the baby and get child support. If it's a womens choice men should be allowed to put in the paper or public domain that they wish no responsibility for the child and it is "the womens choice and therefore responsibility".
The tea party, made up of the same hard working taxpayers is also demonized as racists, radicals, nazi's, while the muslim brotherhood has a better standing inthe democrats eyes. Lets see what they say when and if the brotherhood starts killing non-muslim in through out the world after they dominate the middle east in al the governments.
Obama and teh liberal politians are quickly taking away our rights under the constituition while the dummies of the country believe he is standing up for the poor!
Guess the so called "judge" never even read the Constitution:
Article 1, vesting clause:
"all legislative powers herein granted" to the Congress.
Which means the Supreme Court DOES NOT have the authority to overturn laws that Congress passes or change laws, they can only advise Congress.
That's fact, and all the bribes in the world by Insurance companies and private hospitals cannot change that.
No more democracy for the US.
We are losing our democracy fast to 8 political lawyers in robes.
When the Supreme Court appointed GW Bush (a clear violation of the US Constitution) instead of ordering a new election as required, I realized the Supreme Court had appointed themselves as the ruling junta and our democracy had been replaced by dictators.