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The elephant in the living room here is that the Constitution does not grant Congress the authority to create a national health care system. The national has a role in our nation. That role is smaller than the role it currently plays.

It is not judicial activism to expect the government to obey the Constitution we put in place to govern the role of government.

Other countries have national governments that legitimately possess that sort of authority. Our does not.

The way to change that is to amend the Constitution.

Not to ignore it.


Mike Peterson

Well, Dann, if the court says so, you'll be right, and if the court disagrees, you'll be wrong. It's like the off-sides rule in soccer -- you can have your opinion and you can even base that opinion on some written rules, but "off sides" occurs when the referee blows his whistle.

I mean, when is the last time Congress really declared war? Where does Social Security come from? In some cases, conservatives want a "living document" and in some cases, that's what the liberals want.

Meanwhile, the founders were pretty smart to set up some umpires to keep the other two branches of government from running wild out there. If, y'know, that was their intention, for which we only have Chief Justice Marshall's word.


I wouldn't use "right" and "wrong" so much as "court approved".

There are a whole passel of things to which the Supremes have granted their imprimatur that can't be found in the Constitution or the amendments thereunto. The War on Drugs comes quickly to mind.

I'll readily agree that folks in almost every corner of the political pool play games with phrases like "living document" and "activist judges". The ultimate cruelty is the contortions our society continues to perform to obtain basic civil rights such as equal treatment for folks that aren't straight white males.

And for the record, Social Security comes from the same bull squeeze that PPACA came from. Someone "wants" and can't be bothered to follow the law to "get". IMNSHO.


Mary in Ohio

Our school had the principal on the PA every morning reciting the Pledge, for which we were all(kids and teachers and staff) expected to stand. Except the Jehovah's Witnesses didn't have to.

In Ohio, we MUST have car insurance. I gather this is the case in many other states too. I have not seen massive protests against this. But I also know there are plenty of people driving around who do not have the mandated insurance. I don't know what the punsihment for them is. But I do know that an awful lot of people drive with suspended licenses, too.

Wes Rand

The argument the government is making is not that the government is creating a health care system but regulating the system that we are all currently using. Even if we don't have any health insurance. Some -- especially on the right -- think people without insurance should not be part of the health care system. But the current system covers everyone -- just not very well.

So should the government require purchasing insurance if you participate in the health care system?

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