That really says it all, doesn't it?
Uh yeah. And it is just that kind of callous disregard for the Constitution of the United States that has prompted the Attorney General of my state, SC, Henry McMaster, along with 12 other states (VA is filing separately), to file suit in federal court claiming the Health Care Law as it stands is un-Constitutional:
[snip] S.C. Attorney General Henry McMaster, who also is running for governor, said the lawsuit was necessary to protect his state's sovereignty.
"A legal challenge by the states appears to be the only hope of protecting the American people from this unprecedented attack on our system of government," he said.
The lawsuit, filed in Pensacola, asks a judge to declare the bill unconstitutional because "the Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty, that all citizens and legal residents have qualifying health care coverage."
Robert Sedler, a constitutional law professor at Wayne State University in Detroit, said the effort isn't going anywhere. "This is pure, pure political posturing and they have to know it," he said.
Bruce Jacob, a constitutional law professor at Stetson University in Florida, said the suit seems like a political ploy and is unlikely to succeed.
"The federal government certainly can compel people to pay taxes, can compel people to join the Army,"he said.
Some states are considering separate lawsuits -- Virginia filed its own Tuesday -- and others, including Missouri, may join the multistate suit. Still others are looking at other ways to avoid participating, like passing legislation to block requirements in the bill.
McCollum predicted his suit would eventually end up before the U.S. Supreme Court.
Covering the politics of the Lowcountry, South Carolina and the Nation.
The health care bill "is not lawful," he said. "It may have passed Congress, but there are three branches of government."
The lawsuit claims the bill violates the 10th Amendment, which states that the federal government has no authority beyond the powers granted to it under the Constitution, by forcing the states to carry out its provisions but not reimbursing them for the costs.
It will certainly be interesting to see how this plays out in the courts. These 14 states are not the only ones considering filing suit. There are many more states (24)preparing legislation related to the Law, too. I assume that the following quote from Senator Dingell might just give some ammunition to these State Attorneys General (h/t to HARP at NQ) in their pursuits on our behalf:
Holy smokes - did he just say "control the people"??? Gosh, I don't think of Americans as the kind of people who like for their government to "control" them. I would think the Attorneys General might just find that kind of philosophy of our Congresspeople helpful in proving their case.
Rep. Steve King from Iowa nails it in the video below when he calls attention to the "dependency class" this law will create, as well as highlighting that there is no Constitutional authority for this law:
Americans ARE unique people, and many of us believe in the continuing to reach even greater heights. Consequently, the majority of us will not stand for the "Legislative theft of personal liberty and economic freedom" that this law will necessarily entail. Rep. King said it, "Give people their liberty." Amen to that.