Wednesday, March 24, 2010

Is that you Cousin Mark?

I hadn't heard anything out of Cousin Mark in a while. He claims he's been really busy at work, but that sounds like an excuse to me. It's not like it's chemical engineering or anything.

His inartful question; would a Republican controlled SCOTUS possibly overturn parts or all of Obamacare?

I'm far from a constitutional scholar, but I believe the tension comes up between the Supremacy Clause and the Tenth Amendment. The Tenth Amendment reads:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The Supremacy Clause, Article VI, Clause 2:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

My understanding, again, I'm far from an expert, is that the Supremacy Clause has been ascendant since the War of Northern Aggression ended. The question the Court will face is whether to reinvigorate the Tenth Amendment.

Personally, I feel the time is ripe for a new look at the Tenth Amendment. Long before healthcare reform the federal government had become much to intrusive in our personal lives, and in mandating activities to the States. However, the SCOTUS is generally reluctant to overturn any precedent, especially Supreme Court case law, even if the current Court may find nits to pick with said case law.

1 comment:

Cousin Mark said...

It's me!

Sorry I haven't even replied to your crazy posts! :) I was just on vacation for 2.5 weeks to Thailand and Vietnam. We had a really good time.

It was great to see you guys at the niece's wedding! That was some affair wasn't it?