Let's play SCOTUS

[sirs]

Although this would be easier if we actually had some current posting lawyers/judges as saloon patrons, we do have quite a few shrewed and sharp witted folks

So, let's assume Dems pass Obamacare with the purely partisan reconciliatory deem & pass tactic.  I'm guessing a STRONG case can be made to take this to court, since the consitution is clear, as it relates to how the legislature is to function, and how bills are to be presented to the President for his signature consideration.

I'm also guessing this would be speedtracked up to SCOTUS pretty fast, although that is just a guess.  Could this law be struck down in its entirety, given its non-constitutional tact taken??  Or perhaps just parts of it, like in CFR?  How fast would such a ruling take place, and is the effect immediate? retroactive?

Thoughts?

[Plane]

I don't know , do we want the Congress to be bound by the intent or the letter of the Constitution?

The Congress shouldn't have enough power to regulate an industry that is regulated already by the states.

Or do we want to maximise the "interstate commerce" to mean anything that happens inside a state?


As to the chichanery within the senate and congress , I think it pretty clear that the SCOTUS will usually allow them to make their own rules for all parlementary procedure.

[Xavier_Onassis]

I fail to see why it would be speeded through. I fail to see what is unconstitutional about it. It is no more so than Social Security or Medicare.

[Amianthus]

I fail to see what is unconstitutional about it.

"Passing" the bill without voting on it.

[Plane]

I fail to see why it would be speeded through. I fail to see what is unconstitutional about it. It is no more so than Social Security or Medicare.

I consider the question open then , that Social Security and Medicare may be unconstitutional.

Widely accepted , but extra leagal .

[sirs]

I fail to see what is unconstitutional about it.

Article I, Section 7