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Monday, July 09, 2012
Good, readable legal Summary of Obamacare decison
Good summary of legal points in Obamacare decision.
David Kopel wrote "So any power exercised under the N&P Clause cannot be self-standing. Rather, the power must be an incident of some other power which the Constitution grants to Congress.".
His view is backed by G. Lawson and G. Seidman's statement "The implementational legislative powers of congress are explicitly constrained by the requirement that laws for carrying federal powers into execution must be 'necessary and proper' for that purpose.". The origins of the necessary and proper clause, 2010, Cambridge University Press, p. 134.
IMHO, these statements outline congress' limited powers under our republic's framework of federalism, as clearly spelled out by the U.S. Constitution's 10th amendment, which is the supreme law of the land.
44: Agreed. The Obamacare case ruling on the taxing power threatens the principle of the federal government being one of limited powers. The N&P clause was not intended to allow creation of a federal government with unlimited powers.
Thanks for sharing.
ReplyDeleteDavid Kopel wrote "So any power exercised under the N&P Clause cannot be self-standing. Rather, the power must be an incident of some other power which the Constitution grants to Congress.".
His view is backed by G. Lawson and G. Seidman's statement "The implementational legislative powers of congress are explicitly constrained by the requirement that laws for carrying federal powers into execution must be 'necessary and proper' for that purpose.". The origins of the necessary and proper clause, 2010, Cambridge University Press, p. 134.
IMHO, these statements outline congress' limited powers under our republic's framework of federalism, as clearly spelled out by the U.S. Constitution's 10th amendment, which is the supreme law of the land.
44: Agreed. The Obamacare case ruling on the taxing power threatens the principle of the federal government being one of limited powers. The N&P clause was not intended to allow creation of a federal government with unlimited powers.
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