By: David A. Patten President Barack Obama is one of the worst presidents ever in terms of respecting constitutional limitations on government, and the states suing the federal government over healthcare reform "have a pretty strong case" and are likely to prevail, according to author and judicial analyst Andrew P. Napolitano. ================ Napolitano: Supreme Court to Strike Down Obamacare
In an exclusive interview with Newsmax.TV's Ashley Martella, Napolitano says the president's healthcare reforms amount to "commandeering" the state legislatures for federal purposes, which the Supreme Court has forbidden as unconstitutional.
"The Constitution does not authorize the Congress to regulate the state governments," Napolitano says. "Nevertheless, in this piece of legislation, the Congress has told the state governments that they must modify their regulation of certain areas of healthcare, they must surrender their regulation of other areas of healthcare, and they must spend state taxpayer-generated dollars in a way that the Congress wants it done.
"That's called commandeering the legislature," he says. "That's the Congress taking away the discretion of the legislature with respect to regulation, and spending taxpayer dollars. That's prohibited in a couple of Supreme Court cases. So on that argument, the attorneys general have a pretty strong case and I think they will prevail."
Napolitano, author of his just-released "Lies the Government Told You: Myth, Power, and Deception in American History" and a Fox News senior judicial analyst, is the youngest Superior Court judge ever to attain lifetime tenure in the state of New Jersey. He served on the bench from 1987 to 1995.
Napolitano tells Newsmax that the longstanding precedent of state regulation of the healthcare industry makes the new federal regulations that much more problematic.
"The Supreme Court has ruled that in areas of human behavior that are not delegated to the Congress in the Constitution, and that have been traditionally regulated by the states, the Congress can't simply move in there," Napolitano says. "And the states for 230 years have had near exclusive regulation over the delivery of healthcare. The states license hospitals. The states license medications. The states license healthcare providers whether they're doctors, nurses, or pharmacists. The feds have had nothing to do with it.
"The Congress can't simply wake up one day and decide that it wants to regulate this. I predict that the Supreme Court will invalidate major portions of what the president just signed into law…"
The judge also says he would rate President Obama as one of the worst presidents in terms of obedience to constitutional limitations.
"I believe we have a one party system in this country, called the big-government party," Napolitano says. "There is a Republican branch that likes war and deficits and assaulting civil liberties. There is a Democratic branch that likes welfare and taxes and assaulting commercial liberties.
"President Obama obviously is squarely within the Democratic branch. The president who had the least fidelity to the Constitution was Abraham Lincoln, who waged war on half the country, even though there's obviously no authority for that, a war that killed nearly 700,000 people. President Obama is close to that end of lacking fidelity to the Constitution. He wants to outdo his hero FDR."
For those who oppose healthcare, the Fox legal expert says, the bad news is that many of the legal challenges to healthcare reform will have to wait until 2014, when the changes become fully operational.
Until then, there would be no legal case that individuals had been actually harmed by the law. Moreover, Napolitano says it takes an average of four years for a case to work its way through the various federal courts the final hearing that's expected to come before the Supreme Court.
"You're talking about 2018, which is eight years from now, before it is likely the Supreme Court will hear this," he says.
Other issues that Napolitano addressed during the wide-ranging interview:
Get Andrew P. Napolitano's "Lies the Government Told You: Myth, Power, and Deception in American History" at a Great Price from Amazon – Click Here Now
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Carolyn Rose Goyda
Missouri, USA
rosegojda@aol.com
'awaken and shaken the sheople' crg
"There was a time when the American people roared like lions for liberty; now they bleat like sheep for security." - Norman Vincent Peale.
"Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom." -- John F. Kennedy
'the Nazis lost the war but are winnng the peace' crg
"I believe we have a one party system in this country, called the big-government party"..."we are at risk from fascism.."..."The problem with the constitution is that those who take an oath to uphold it don't take their oath seriously." Author, commentator, former NJ Superior Court Judge Andrew P. Napolitano.
"The only difference between the Republican and Democratic parties is the velocities with which their knees hit the floor when corporations knock on their door. ".." The use of solar energy has not been opened up because the oil industry does not own the sun." Ralph Nader
stop the polarization and labels and divisiveness = for
" if a kingdom be divided against itself, that kingdom cannot stand. And if a house be divided against itself, that house cannot stand." Mark 3:24, 25...
and a divided populace can be led like sheep ask Adolph, Stalin, Mao, & HSD
thuskissmyroyalukrainianass
Mar 28, 2010
[MedicalConspiracies] Napolitano: why the 'Supreme Court to Strike Down Obamacare' interesting points
this is a great article
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