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View Diary: Keith Olbermann Is Short (on the Constitution) (110 comments)

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    Congress’s Authority to Tax and Spend for the General Welfare: Congress also has the authority to legislate a health insurance mandate under its Constitutional authority to tax and spend. There are no plausible Tenth Amendment and states’ rights issues arising from Congress’s taxing and spending power. However, Congress’ taxation power cannot be used in a way that burdens a fundamental right recognized in the Constitution’s Bill of Rights and judicial interpretations by the U.S. Supreme Court. Since there is no fundamental right to be uninsured, no fundamental rights challenge exists.

    I guess Olbermann wins again.

    They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. - Benjamin Franklin, Feb 17, 1755.

    by Wayward Son on Fri Oct 16, 2009 at 10:06:51 AM PDT

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