Let's start defining where the limits of federal confiscation should be established:
There will soon be a massive push to allow health insurance companies to offer "national" policies. This will trigger a constitutional challenge over states' rights. It has always been the authority of the state to regulate commerce inside that state. Health Insurance policies had to be approved by State Insurance Departments. State's will lose a key authority when this happens. The 50 current states will essentially become federal counties when this happens. But the states will likely cave in because the federal government is creating this crisis deliberately.
When the Temperance League pushed for a national prohibition on liquor, they had to enact a constitutional amendment to that effect. Federal statutes would not stand up in court because of a strong 9th & 10th amendment case of federal limits. Only those powers specified in the federal constitution are granted to the limited federal entity. Statutes and taxes are the role of the individual states, for the most part. Only true interstate matters are to be resolved by the federal entity. And now that we lost the institution of the US Senate, states have little real power to put a leash on the runaway federal powers.
Opinion of the Editor
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David Van Risseghem is the Director of Sooner Politics.org. The resource is committed to informing & mobilizing conservative Oklahomans for civic reform. This endeavor seeks to utilize the efforts of all cooperative facets of the Conservative movement...