1. Latest News
  2. Submit Press Release
  1. PR Home
  2. Latest News
  3. Feeds
  4. Alerts
  5. Submit Free Press Release
  6. Journalist Account
  7. PRNewswire Distribution

The Supreme Court Ruling on Federal Government's Police Powers: The Good, the Bad, and the Fig Leaf

The Supreme Court ObamaCare ruling is the topic at a Federalist Society forum on October 4 at Florida International University College of Law. David Rivkin, who led the 26-state case against the US government, and Prof. Elizabeth Foley will present.

 
 
David Rivkin to speak at Florida International University
David Rivkin to speak at Florida International University
PRLog - Oct. 1, 2012 - RICHMOND, Va. -- The issue of government takeover of healthcare isn’t going away. While Chief Justice John Roberts’ opinion on the legality of ObamaCare put limits on Congress’ power to regulate citizens’ activity, it gutted limitations on Congress’ taxing power.  

David Rivkin, who led the 26-state case against the U.S. government in Florida’s 11th District Court (whose judge, Roger Vinson, ruled in the plaintiffs’ favor), said that the Supreme Court decision in June was both “excellent and bad.”   The Supreme Court ObamaCare ruling is the discussion topic on Thursday, October 4, at Florida International University College of Law.Prof. Elizabeth Foley, a “founding faculty” of the FIU College of Law, will serve as commentator for the event.

Over the past decades, Congress has enacted legislation that increasingly broadened its regulatory powers, assuming that any regulation is justified by the Constitution’s Commerce Clause.  The Supreme Court decision established limits on Congress’ power to do so.  For those interpreting the Constitution as limiting and enumerating the powers of government, this aspect of the ruling was good news.

Unfortunately, according to Rivkin, the Supreme Court’s decision to uphold ObamaCare required that they effectively rewrite the law and broaden Congress’ tax authority.  They converted the individual mandate into a tax for not purchasing insurance.  Rivkin asserted that this expansion of the taxing power enables Congress to tax inactivity—crossing a constitutional barrier into police powers.

Rivkin has observed that the Supreme Court adheres to the principles of federalism, i.e., the dual sovereignty of the federal government and the states, only when ruling on laws that are not important—a position commonly known as “fig leaf federalism.”

For more information about David Rivkin, visit http://www.fed-soc.org/events/detail/the-health-care-mand...;

Photo:
http://www.prlog.org/11988497/1

--- End ---

Click to Share

Contact Email:
***@thehardwickegroup.com Email Verified
Source:The Hardwicke Group
Phone:1+804 308 1956
Zip:23230
Location:Richmond - Virginia - United States
Industry:Government, Health
Tags:Supreme Court, taxation, David Rivkin, sibelius, DHHS
Shortcut:prlog.org/11988497
Verified Account Email Address
Verified Account Phone Number

Disclaimer:   Issuers of the press releases are solely responsible for the content of their press releases. PRLog can't be held liable for the content posted by others.   Report Abuse

Latest Press Releases By “

More...

Trending News...



  1. SiteMap
  2. Privacy Policy
  3. Terms of Service
  4. Copyright Notice
  5. About
  6. Advertise
Like PRLog?
9K2K1K
Click to Share