1) It specifies specifically the Merchant Marine, which is an auxiliary arm of the US Navy
2) It requires purchase from the government itself, not private institutions. The court challenge specifies that it is unconstitutional to force people to buy goods and services from private sector.
So the merchant marine, not strictly civilian, particularly not in that era, was being forced to purchase from the government, not private providers.
3) The merchant marine specifically falls under federal control, not state, they are under federal jurisdiction, and the Act specifies only elements under federal jurisdiction, thus it is totally irrelevant to any challenges specifically having to deal with the commerce clause, which deals with state to state matters.
That's just the obvious flaws that come to mind with the analogy, I'm sure a lawyer could find even more.
2) It requires purchase from the government itself, not private institutions. The court challenge specifies that it is unconstitutional to force people to buy goods and services from private sector.
So the merchant marine, not strictly civilian, particularly not in that era, was being forced to purchase from the government, not private providers.
3) The merchant marine specifically falls under federal control, not state, they are under federal jurisdiction, and the Act specifies only elements under federal jurisdiction, thus it is totally irrelevant to any challenges specifically having to deal with the commerce clause, which deals with state to state matters.
That's just the obvious flaws that come to mind with the analogy, I'm sure a lawyer could find even more.
The intuitive mind is a sacred gift and the rational mind is a faithful servant. We have created a society that honors the servant and has forgotten the gift.
- Albert Einstein
King of Cairhien 20-7-2
Chancellor of the Landsraad, Archduke of Is'Mod
- Albert Einstein
King of Cairhien 20-7-2
Chancellor of the Landsraad, Archduke of Is'Mod
ObamaCare's Legal Death Spiral Continues.....great news for America!
- 08/06/2011 10:04:24 PM
1065 Views
- 08/06/2011 10:04:24 PM
1065 Views
I'm not informed enough to comment on most of this, but can someone explain that last line to me?
- 08/06/2011 11:25:49 PM
675 Views
just a guess but
- 08/06/2011 11:40:44 PM
561 Views
Yeah, and I guess that's what I was missing (see my response to Tom).
- 09/06/2011 07:13:00 AM
550 Views
A lot of the debate from the centered around how many of those people there are.
- 10/06/2011 01:15:19 AM
553 Views
"...the government mandate to have health insurance was unlike any law in American history"...
- 09/06/2011 05:24:56 AM
553 Views
wait....
- 09/06/2011 04:34:13 PM
599 Views
Guess what the "I" in FICA is; the Old-Age, Survivors, and Disability Insurance program is insurance
- 10/06/2011 12:34:04 AM
701 Views
if you want to opt out just work for a local government
- 09/06/2011 06:01:06 PM
528 Views
a few high profile cases does not equal "most" in any sense of the word *NM*
- 10/06/2011 02:38:26 AM
219 Views
Actually, there's an even more relevant example.
- 09/06/2011 08:01:18 PM
656 Views
That's the best link I've ever seen posted anywhere on the internet. *NM*
- 09/06/2011 08:26:02 PM
218 Views
That's a very flawed example
- 09/06/2011 09:06:24 PM
539 Views
Did you read the Act itself?
- 10/06/2011 04:04:39 PM
513 Views
Yes, did you get the 'foriegn port' part of sentence, or did you stop reading after the comma?
- 10/06/2011 06:11:27 PM
513 Views
Re: Yes, did you get the 'foriegn port' part of sentence, or did you stop reading after the comma?
- 10/06/2011 06:54:29 PM
519 Views
It might help if you clarified what your point is
- 10/06/2011 08:05:30 PM
517 Views
besides it was still just a condition for a specific job not a blanket requirement for breathing
- 10/06/2011 08:36:07 PM
518 Views
In other words, this is as "unprecedented" as filibustering Bush judicial nominees (i.e. it's not).
- 10/06/2011 12:55:17 AM
518 Views
Oh well. Living in a shit hole country is something I love and a chance to change that is BS.
- 12/06/2011 05:21:25 PM
526 Views
