So-called “Supremacy Clause” vs 9th and 10th Amendments

Posted by realetybytes on Wednesday, April 07, 2010 3:59:34 PM

I keep hearing seemingly intelligent people stating that either the Interstate Commerce Clause or the Supremacy Clause of the Constitution give the Federal Government the right to override the States objections to this health care debacle.
For months, the Republicans tried to get the option to buy health care across state lines to lower price and build competition. They were denied.
How can the Interstate Commerce Clause cover a product that has specifically been denied the right to go interstate?
Then I hear this sophomoric twaddle about the Supremacy Clause, and how that means the Federal laws outway all State laws. There is no other way to say this, but anyone telling you this is a liar, or absolutely ignorant of the Constitution.
Have the 9th and 10th Amendments been repealed?
Any first year law student knows the Supremacy Clause only covers those issues which the Constitution explicitly gives the Fed power over. For example, that is why the states and towns that try to pass anti-illegal immigrant laws have so much trouble. The Fed has the power over the borders and immigration, and no state can pass laws to override them.
Health care, not being mentioned in the Constitution as the purvue of the Fed, falls under the 9th and 10th Amendments.
We are going to hear months of these and other lies, trying to convince the uninformed that this is a legal law, not worth the effort to repeal. Don’t buy into the lies, keep up the pressure, and when you can, vote every incumbent out of office, then be there on their last day to laugh in the face of the fools. 

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