Napolitano: Supreme Court to Strike Down Obamacare

[FUZO]

TweetNapolitano: Supreme Court to Strike Down Obamacare



President Barack Obama is one of the worst presidents ever in terms of respecting constitutional limitations on government, and the states suing the federal government over healthcare reform "have a pretty strong case" and are likely to prevail, according to author and judicial analyst Andrew P. Napolitano.

In an exclusive interview with Newsmax.TV's Ashley Martella, Napolitano says the president's healthcare reforms amount to "commandeering" the state legislatures for federal purposes, which the Supreme Court has forbidden as unconstitutional.

"The Constitution does not authorize the Congress to regulate the state governments," Napolitano says. "Nevertheless, in this piece of legislation, the Congress has told the state governments that they must modify their regulation of certain areas of healthcare, they must surrender their regulation of other areas of healthcare, and they must spend state taxpayer-generated dollars in a way that the Congress wants it done.


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"That's called commandeering the legislature," he says. "That's the Congress taking away the discretion of the legislature with respect to regulation, and spending taxpayer dollars. That's prohibited in a couple of Supreme Court cases. So on that argument, the attorneys general have a pretty strong case and I think they will prevail.”

Napolitano, author of his just-released “Lies the Government Told You: Myth, Power, and Deception in American History” and a Fox News senior judicial analyst, is the youngest Superior Court judge ever to attain lifetime tenure in the state of New Jersey. He served on the bench from 1987 to 1995.

Napolitano tells Newsmax that the longstanding precedent of state regulation of the healthcare industry makes the new federal regulations that much more problematic.

"The Supreme Court has ruled that in areas of human behavior that are not delegated to the Congress in the Constitution, and that have been traditionally regulated by the states, the Congress can't simply move in there," Napolitano says. "And the states for 230 years have had near exclusive regulation over the delivery of healthcare. The states license hospitals. The states license medications. The states license healthcare providers whether they're doctors, nurses, or pharmacists. The feds have had nothing to do with it.

"The Congress can't simply wake up one day and decide that it wants to regulate this. I predict that the Supreme Court will invalidate major portions of what the president just signed into law…"

The judge also says he would rate President Obama as one of the worst presidents in terms of obedience to constitutional limitations.

"I believe we have a one party system in this country, called the big-government party," Napolitano says. "There is a Republican branch that likes war and deficits and assaulting civil liberties. There is a Democratic branch that likes welfare and taxes and assaulting commercial liberties.

"President Obama obviously is squarely within the Democratic branch. The president who had the least fidelity to the Constitution was Abraham Lincoln, who waged war on half the country, even though there's obviously no authority for that, a war that killed nearly 700,000 people. President Obama is close to that end of lacking fidelity to the Constitution. He wants to outdo his hero FDR."

For those who oppose healthcare, the Fox legal expert says, the bad news is that many of the legal challenges to healthcare reform will have to wait until 2014, when the changes become fully operational.

Until then, there would be no legal case that individuals had been actually harmed by the law. Moreover, Napolitano says it takes an average of four years for a case to work its way through the various federal courts the final hearing that's expected to come before the Supreme Court.

"You're talking about 2018, which is eight years from now, before it is likely the Supreme Court will hear this," he says.

Other issues that Napolitano addressed during the wide-ranging interview:

• He believes American is in danger of becoming "a fascist country," which he defines as "private ownership, but government control." He adds, "The government doesn't have the money to own anything. But it has the force and the threat of violence to control just about anything it wants. That will rapidly expand under President Obama, unless and until the midterm elections give us a midterm correction – which everyone seems to think, and I'm in that group, is about to come our way.
• Napolitano believes the federal government lacks the legal authority to order citizens to purchase healthcare insurance. The Congress [is] ordering human beings to purchase something that they might not want, might not need, might not be able to afford, and might not want -- that's never happened in our history before," Napolitano says. "My gut tells me that too is unconstitutional, because the Congress doesn't have that kind of power under the Constitution."
• The sweetheart deals in the healthcare reform bill used that persuaded Democrats to vote for it – the Louisiana Purchase, Cornhusker Kickback, Gatorade Exception and others – create "a very unique and tricky constitutional problem" for Democrats, because they treat citizens differently based on which state they live in, running afoul of the Constitution's equal protection clause according to Napolitano. "So these bennies or bribes, whatever you want, or horse trading as it used to be called, clearly violate equal protection by forcing people in the other states to pay the bills of the states that don't have to pay what the rest of us do," Napolitano says.
• Exempting union members from the so-called "Cadillac tax" on expensive health insurance policies, while imposing that tax on other citizens, is outright discrimination according to Napolitano. "The government cannot draw a bright line, with fidelity to the Constitution and the law, on the one side of which everybody pays, and the other side of which some people pay. It can't say, 'Here's a tax, but we're only going to apply it to nonunion people. Here's a tax, and we're only going to apply it to graduates of Ivy League institutions.' The Constitution does not permit that type of discrimination."
• Politicians from both parties routinely disregard the Constitutional limits imposed on them by the nation's founding document, Napolitano says. "The problem with the Constitution is not any structural problem," says Napolitano. "The problem with the constitution is that those who take an oath to uphold it don't take their oath seriously. For example, just a month ago in interviewing Congressman Jim Clyburn, who's the No. 3 ranking Democrat in the House, I said to him, Congressman Clyburn, can you tell me where in the Constitution the Congress is authorized to regulate healthcare? He said, 'Judge, most of what we do down here,' referring to Washington, 'is not authorized by the Constitution. Can you tell me where in the Constitution we're prohibited from regulating healthcare.' Napolitano says that reflects a misunderstanding of what the Constitution actually is. "He's turning the Constitution on its head, because Congress is not a general legislature," he says. "It was not created in order to right every wrong. It exists only to legislate in the 17 specific, discrete, unique areas where the Constitution has given it power. All other areas of human area are reserved for the states."
• Napolitano says that members of Congress infringe on Constitutional rights because they fail to recognize its basis. "They reject Jefferson's argument, in the Declaration of Independence, that our rights come from our Creator, therefore they're natural rights, therefore they can't be legislated away," Napolitano says. "They think they can legislate on any activity, regulate any behavior, tax any person or thing, as long as the politics will let them survive. They're wrong, and with this healthcare legislation, they may be proven wrong, in a very direct and in-your-face way."

[JsJs24]

TweetThe judge is right on everything he said, but unfortunately by the time the Supreme Court hears the case there will most likely be another leftist judge appointed and the majority will then be left wing judges. They are all ready pretty even as far as that goes, but the radical racist Sotomayor pushed it more to the left. We cannot rely on the Supreme Court any longer imo. If the case were heard before another judge retires then we would have a 50/50 chance, but most likely one of those old bastards will either die or retire in the next few years.

We have a dictatorship in power at the present and anyone who doesn't see that is blind. The radical left controls all three branches of government, thus it is a dictatorship, and even if it were Republicans that controlled it all it would still be a dictatorship only they would be going against the constitution in different aspects. Republicans like to take over countries by going to war and take our civil liberties with acts like the patriot act, as the judge pointed out. Both parties are statists, therefore we must elect real constitutionalists to office. The only two I know of are Ron Paul and his son Rand Paul who's running for the senate seat in KY. However, we have no real chance of putting Ron Paul in the president's seat because for some reason the Republicans attack him. The only reason I can come up with for that is because Ron Paul represents freedom whereas "most" Republicans are statists who want to take our freedom away the same as the Democrats but different aspects of it. These are complicated conclusions to draw for those who do not understand politics and history. Basically, there are two classes of people, collectivists and individualists. Well, the majority of politicians are collectivists, with the exception of a few congressman and perhaps a few senators but no more than that.

Right now the collectivists are winning the war and have been for last several decades. They have infiltrated our education system, the media, and the unions, though the unions have always been represented by collectivists. Individualism is the flame that keeps freedom alive, but it is fighting an uphill and unfair battle. If indeed the Republicans take back the majority in the house or senate then we will buy ourselves some more time and hopefully will begin to put conservative constitutionalists in power. We need people with the mindset of the judge and Ron Paul in office.

My bet is there will be a huge turnout for the upcoming elections and the Republicans will grab the majority of the seats. However, the media is going to attack their reputation and label tea party supporters as radical violent racists. This is already starting to happen. The funny thing is that the left is far worse when it comes to violence and radicalism, but the media supports it when it comes from them. People must ignore the media and tune them out. I would never even turn your tv to CNN, MSNBC, NBC, Headline News, or ABC. Don't give them the ratings. Tune out all leftist radicals. Boycott movies made by left wing directors like Steven Spielberg, and actors like Sean Penn, Tim Robins, Matt Damon, etc. This is what I do and I sleep better at night knowing it. I don't socialize with supporters of Obama either. Anyone who supports this president is un-American...period! If I know of a store or company that supports him I do not shop there. I boycott any notion of support for this president and the Democratic party that I am aware of.

[horsepwr]

TweetThanks for the info Fuzo!

I do the same thing Js. I will not give those channels a second of time. The same with movies. As soon as I notice a hint of that left wing bullshit, it ruins the movie for me. I won't, knowingly, support a leftist flick in any way. They go for the kids hard. Like Fantastic 4, (the second one). They portrayed our military as a bunch of assholes. The 4 befriended and learned to "understand" the enemy that was wanting to blow up the planet. That's worked great throughout history.

One good thing is coming out of these radical leftist nutjobs in charge. It's awakened allot of people. And it's nice to have people like Napolitano to let us know what's up. He's all about conserving America, and her best interest.

America has been on auto-pilot for well over a hundred yrs. Letting all kinds of legislation pass. Letting freedom fall by the way side. Now folks are waking up. at least. Hopefully not too late.

[JsJs24]

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Thanks for the info Fuzo!

I do the same thing Js. I will not give those channels a second of time. The same with movies. As soon as I notice a hint of that left wing bullshit, it ruins the movie for me. I won't, knowingly, support a leftist flick in any way. They go for the kids hard. Like Fantastic 4, (the second one). They portrayed our military as a bunch of assholes. The 4 befriended and learned to "understand" the enemy that was wanting to blow up the planet. That's worked great throughout history.

One good thing is coming out of these radical leftist nutjobs in charge. It's awakened allot of people. And it's nice to have people like Napolitano to let us know what's up. He's all about conserving America, and her best interest.

America has been on auto-pilot for well over a hundred yrs. Letting all kinds of legislation pass. Letting freedom fall by the way side. Now folks are waking up. at least. Hopefully not too late.

Folks are indeed waking up, thank goodness. At work I hear people complaining about this president every day. The country is beginning to see that all of the stuff those of us that knew about this man tried to tell them is indeed correct. He is as radical as it gets. It is scary to see that our country is full of ignorant dumbfounded people who fell for him.

[FUZO]

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The judge is right on everything he said, but unfortunately by the time the Supreme Court hears the case there will most likely be another leftist judge appointed and the majority will then be left wing judges. They are all ready pretty even as far as that goes, but the radical racist Sotomayor pushed it more to the left. We cannot rely on the Supreme Court any longer imo. If the case were heard before another judge retires then we would have a 50/50 chance, but most likely one of those old bastards will either die or retire in the next few years.

THE SUPREME COURT JUSTICES WILL UPHOLD THE LAW OF THE CONSTITUTION THIS TIME NO MATTER IF THERE LEFT. WHEN THESE CASES GET HEARD SOON THIS HEALTH CARE BILL WILL BE FINALY CHANGED.AND LIKE IVE BEEN SAYING AND OTHERS WHEN WE TAKE BACK CONTROL-H-S THEN WE WILL WIN IN 2012 EVERYTHING WILL GET CHANGED THIS IS A WIN WIN FOR US.DOES ANYONE KNOW THAT THIS FREE HEALTH CARE SCAM IS THAT YOU HAVE TO SIGN UP FOR THE HEALTH CARE ITS NOT LIKE ONE DAY YOU GET A LETTER IN THE MAIL AND IT SAYS YOU HAVE HEALTH CARE YOU HAVE TO SIGN UP FOR IT AND IF YOU DONT THEN A FINE WILL COME. ALL THE ILLEGALS WILL STILL GO TO THE HOSPITAL EMERGENCY ROOM TO GET EALTH CARE.

[horsepwr]

Tweetoh yeah man. I know it. It's crazy. Sign up or get fined. It's the 1st giant leap towards complete totalitarianism.

[JsJs24]

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THE SUPREME COURT JUSTICES WILL UPHOLD THE LAW OF THE CONSTITUTION THIS TIME NO MATTER IF THERE LEFT. WHEN THESE CASES GET HEARD SOON THIS HEALTH CARE BILL WILL BE FINALY CHANGED.AND LIKE IVE BEEN SAYING AND OTHERS WHEN WE TAKE BACK CONTROL-H-S THEN WE WILL WIN IN 2012 EVERYTHING WILL GET CHANGED THIS IS A WIN WIN FOR US.DOES ANYONE KNOW THAT THIS FREE HEALTH CARE SCAM IS THAT YOU HAVE TO SIGN UP FOR THE HEALTH CARE ITS NOT LIKE ONE DAY YOU GET A LETTER IN THE MAIL AND IT SAYS YOU HAVE HEALTH CARE YOU HAVE TO SIGN UP FOR IT AND IF YOU DONT THEN A FINE WILL COME. ALL THE ILLEGALS WILL STILL GO TO THE HOSPITAL EMERGENCY ROOM TO GET EALTH CARE.

I think you may be right Fuzo if it goes to court sooner rather than later. However, judge Napolitano was saying that it would be about 8 years before it would go before the court, and in that respect I was saying there would be another left wing judge or two appointed by then. Unfortunately, the courts determine laws from the bench in accordance with their own personal views, with the exception of a few such as Chief Justice Roberts. Once Obama places another one like Sotomayor on the bench, there will be more leftist judges than right of center ones.

However, I do have some confidence that something good will come out of this in the end. We just can't keep this radical stuff up and expect the country to prosper. We already are hearing from companies complaining about the added financial burden this bill will place on them. And mark my words, unemployment will remain high for the remainder of this President's administration. Eventually Americans are going to realize that nothing he does helps that and instead hurts the country more. Even stupid people will have to eventually see this. However, left wing people are already insane, thus nothing will ever fix them.

[horsepwr]

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I think you may be right Fuzo if it goes to court sooner rather than later. However, judge Napolitano was saying that it would be about 8 years before it would go before the court, and in that respect I was saying there would be another left wing judge or two appointed by then. Unfortunately, the courts determine laws from the bench in accordance with their own personal views, with the exception of a few such as Chief Justice Roberts. Once Obama places another one like Sotomayor on the bench, there will be more leftist judges than right of center ones.

However, I do have some confidence that something good will come out of this in the end. We just can't keep this radical stuff up and expect the country to prosper. We already are hearing from companies complaining about the added financial burden this bill will place on them. And mark my words, unemployment will remain high for the remainder of this President's administration. Eventually Americans are going to realize that nothing he does helps that and instead hurts the country more. Even stupid people will have to eventually see this. However, left wing people are already insane, thus nothing will ever fix them.

sad but true. The whole case and point will be missed regardless of results, proof...whatever comes to light, there are still those leftwingers that refuse to see things for what they are.

[FUZO]

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there are still those leftwingers that refuse to see things for what they are.

And this is what I cant get, People humans that did graduate high school that some know from right nd wrong that will think like a leftest. I would love to get in a room with 3 rep and 3 liberals and go at it political talk. I would wrap so much facts around there weak minded necks and then choke them like a chicken

[horsepwr]

Tweetlol...you got me laughin Fuzo. I know how ya feel bro. It does make ya wanna just choke 'em out. "what, ya still don't get it?"...out ya go.lol...
USELESS...They need to just go to Venezuela. or China. Cause they're damn sure useless here. They don't get The Constitution. They don't understand how freedom is maintained and sustained. They do harm, and have done harm, to this great nation.
You're either with the American way. The Republic. The Constitution and Bill of Rights, or you're not. If you're not, get the fugg out.

[JsJs24]

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lol...you got me laughin Fuzo. I know how ya feel bro. It does make ya wanna just choke 'em out. "what, ya still don't get it?"...out ya go.lol...
USELESS...They need to just go to Venezuela. or China. Cause they're damn sure useless here. They don't get The Constitution. They don't understand how freedom is maintained and sustained. They do harm, and have done harm, to this great nation.
You're either with the American way. The Republic. The Constitution and Bill of Rights, or you're not. If you're not, get the fugg out.

Michael Savage said it best in his book "Liberalism is a Mental Disorder." There is no cure for these people. The communists have infiltrated our country and taken over the minds of the youth. Have you talked to many high school or college kids lately? Most of them are dumber than a box of rocks. They do not have any understanding of History, Science, or Literature. All they know is that Global Warming is destroying the Earth, Whitie held down the rest of Society, Martin Luther King was the greatest man alive, the Founding Fathers were slave owners, and a bunch more ridiculous nonsense. The interesting thing is that most school teachers are not all that bright themselves. Think about it, what easier degree is there in college than K-12 ed teacher and journalism, the two career fields most destroying our country. And then when you bring up school teachers everybody gets upset if you say bad things about them....horse crap! I'll say it, most of them are terrible and do not belong in the school. They are pathetic communist brain washing treasonous ignorant American hater environmental nut jobs with no understanding of life, business, economics, history, and surely no common sense. Perhaps there are a few good ones, but not near as many as there are bad. So thank you ignorant school teachers and journalists for ruining America.