‘Necessary and Proper’: Obama Admin to Shift Health Care Defense
- Posted on March 16, 2012 at 8:52am by
Billy Hallowell
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The Obama administration is preparing to present its case in support of the president’s health care law before the U.S. Supreme Court. Rather than stick with its original arguments, the administration appears to be shifting its defense in an effort to more readily court support for the individual mandate. The Hill has more:
Some legal experts say the shift could steer the case in a direction that would make Justice Antonin Scalia more likely to uphold the healthcare law’s mandate requiring individuals to purchase health insurance.
Oral arguments in the landmark case are set to begin March 26, and the justices are expected to give a ruling in June, just months before the presidential election. [...]
Justice has aggressively defended the mandate as its own regulation of economic activity, but is now stepping up a separate argument emphasizing that the mandate is part of a broader regulatory scheme.
The shift moves the focus of Justice’s argument from the Commerce Clause of the Constitution to the Necessary and Proper Clause, which says Congress can make laws that are necessary for carrying out its other powers.
Briefs show that the administration may argue that the health care law is attempting to reform the overall health care system — something that may be more palatable under its new defense. Read more about the administration’s shifting tactics here.




















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Comments (135)
Americanaiko
Posted on March 16, 2012 at 10:15am“Necessary and Proper”?
Well that could mean just about anything they want it to be.
To my Left leaning friends, not my Liberal friends (this is the kind of stuff they love), this will lead to many, many things that you cannot imagine today, as being “necessary and proper” tomorrow.
Please rethink your position if you support this.
Report Post »black9897
Posted on March 16, 2012 at 10:43amah yes. the only phrase that matters. Hey, if the government thinks bulldozing a 200 year old church is “necessary” then who are we to say no??? Then it’s “necessary” to tell you what to eat, what to wear, when to get up….etc etc 1984..etc.
Report Post »CLG 4
Posted on March 16, 2012 at 10:44amThey are doing everything they can to replace the US Constitution with this health bill that will be the guage for all future bills.
Report Post »soybomb315
Posted on March 16, 2012 at 10:52amnecessary and proper clause is bunk. so is the ‘commerce clause’ and the ‘general welfare clause’
Using these three clauses, the supreme court has given the federal government the power to do almost anything it wants. Many of the founders predicted this would happen and wanted these things taken out of the constitution. But they had faith that america wouldnt fall into that trap and ultimately let it slide
This battle cant be won in the supreme court. the only way we can reverse this crap is to do it at the state level. enforce states rights and civil disobedience if necessary
Report Post »soybomb315
Posted on March 16, 2012 at 11:09amits time to re-visit nullification
Report Post »AvengerK
Posted on March 16, 2012 at 11:10amA desperation move by the Obama administration. They know there‘s a real chance that the individual mandate will be found unconstitutional and that kind of publicity will hurt Obama’s re-election chances severely. The problem with the “commerce clause” angle they’ve been taking is that while they insist the individual mandate is a tax before the SCOTUS, Obama‘s minions are saying it’s not a tax before congress and the TV cameras. Clearly…Obamacare has gone adrift.
Report Post »THE CBO REVIEWED IT’S NUMBERS. and it appears that Obamacare will cost a lot more than “under one trillion dollars” as Obama has claimed (and expected the entire country to believe).
“A new report by the nonpartisan Congressional Budget Office states that by 2016, Obamacare will result in 4 million people fewer people getting health insurance coverage from their employers.
The estimate is a vast increase from the CBO prediction just a year ago that 1 million would no longer obtain coverage from their employers. And it raises substantial questions about the veracity of one of Obama’s key pledges in selling the health care law – that everyone who wants to keep their current health”
President Obama’s national health care law will cost $1.76 trillion over a decade, according to a new projection released today by the Congressional Budget Office, rather than the $940 billion forecast when it was signed into law”.
Not unexpected is it?
MCDAVE
Posted on March 16, 2012 at 11:17amThe Supreme Court is under a constitution mandate to defeat this legislation..Any decision other than that will not be accepted by the American people…..
Report Post »lukerw
Posted on March 16, 2012 at 12:39pmNECESSARY… to Control the People (alike Slaves)… and support the Great Dictator!
Report Post »cuinsong
Posted on March 16, 2012 at 12:49pmAny reason, any opportunity, any argument they can make to destroy the constitution will be made. If they can put together a reason that the justices can use to vote in favor of NObama then rest assured they will sing the devils song! “The Devils Song” http://www.reverbnation.com/play_now/song_10789987
Report Post »13th Imam
Posted on March 16, 2012 at 1:11pmIt’s a TAX, It’s not a TAX, It’s a TAX , It’s not a TAX, It’s a TAX , It’s not a TAX
This is an example of BARRY speaking to different groups. Just like any DEMOCRAT it depends on who the audience is.
Report Post »encinom
Posted on March 16, 2012 at 3:03pmsoybomb315
Report Post »Posted on March 16, 2012 at 11:09am
its time to re-visit nullification
_______________________________
No such thing in the law. Its not supported by the Constitution, while the commerce clause and necessary and proper clause are. Another Conservative fool with zero understanding of the Constitution.
soybomb315
Posted on March 16, 2012 at 3:38pmencinom
You make the same arguement as the liberal facists. The constitution was not written to tell the American people what they can and cant do – The constitution was written to tell the government what they cant do. If you think the constitution gives the federal government the power to do anything it wants EXCEPT what is listed in the constitution – then you are siding with barack obama and FDR. Nullification is only the natural result of a federal government that has been corrupted from top to bottom. Do you think that is the case today? If it was the case in the late 1700s, then it certainly is true now. Nullification has been recommended throughout American history, from John Adam’s laws against speech – to Jefferson’s trade embargo – to the emancipation movement / fugitive slave act – to federal tariffs
It was NEVER the founders idea that government lawyers with lifetime tenure would be deciding the limits of their federal government. When it comes to power, the reality is that the federal government sits at one end of the table and the states sit at the other end of the table.
Don’t go around claiming people you don’t know are fools with zero understanding of the constitution. I am familiar with your posts and you demonstrate utter ignorance every single time
Report Post »@leftfighter
Posted on March 16, 2012 at 4:16pmThe fact that they’re now on their third different defense for it after the first two bombed should tell you everything you need to know on the Constitutionality of this tremendous bag of a** this Administration is trying to force upon the People.
First it was that it wasn’t a tax- no wait! It is!
Then, Commerce Clause, which they wouldn’t have changed this late in the game if it was a winning argument, and now it’s the Necessary and Proper Clause?
Strike Three, Obomba.
I don’t care if you go to the Good and Plenty Clause, this piece of crap don’t fly!
If this travesty passes muster by a 5-4 vote with Kagan in the majority when she should have recused herself, this nation could be set ablaze.
Report Post »Truthurts
Posted on March 16, 2012 at 6:44pmNecessary and Proper?!?!? Is it “necessary and proper” to push us into another $2,000,000,000,000 of debt to justify the worst legislation in world history??? And there might be five Supreme Court justices that will agree with this??? We are committing economic suicide in the name of health care??? THIS IS INSANE!!!!
Report Post »encinom
Posted on March 16, 2012 at 7:15pm@Soybomb The notion of Nullification is a fairy tale conservative crackpots tell themselves and no court has ever held up the notion.
No state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it. Chief Justice Marshall spoke for a unanimous Court in saying that: “If the legislatures of the several states may, at will, annul the judgments of the courts of the United States, and destroy the rights acquired under those judgments, the constitution itself becomes a solemn mockery . . . .” United States v. Peters, 5 Cranch 115, 136. A Governor who asserts a [358 U.S. 1, 19] power to nullify a federal court order is similarly restrained. If he had such power, said Chief Justice Hughes, in 1932, also for a unanimous Court, “it is manifest that the fiat of a state Governor, and not the Constitution of the United States, would be the supreme law of the land; that the restrictions of the Federal Constitution upon the exercise of state power would be but impotent phrases . . . .” Sterling v. Constantin, 287 U.S. 378, 397 -398.
Report Post »COOPER v. AARON, 358 U.S. 1 (1958)
michael48
Posted on March 16, 2012 at 7:50pmpretty obvious insaneom is a moveon.nut troll…carry on comrade…
Report Post »wtune
Posted on March 16, 2012 at 8:23pmNo, it actually can’t. Article I Section 8 specifies the powers of Congress. And the last paragraph of that section is the “necessary and proper” clause.
The first paragraph of that section says “The Congress shall have the Power To Lay and collect Taxes…to pay the Debts and provide for the common Defence and general Welfare of th United States…” That is the closest one can get to anything that might be construed as health insurance. And since the concept of health insurance was unknown to the Framers, it is doubtful that they envisioned Obamacare.
The “necessary and proper” clause empowers Congress “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.“ There is no such ”foregoing Power” or any other such power for the president listed in Article II.
Report Post »soybomb315
Posted on March 16, 2012 at 8:57pmencinom
I gave you 4 examples in which nullification HAS BEEN USED to varying degrees of success – but yet you call it a ‘fairy tale’ and ‘crackpot’
I’m not really interested in a discussion with a liberal mole such as yourself but in the interest of other potential readers i will finish this post. You are talking about something quite a bit different than i am. you are talking about nullifying federal courts but i am talking about nullying legislative laws. However, it should not be a suprise (even to you) that the federal government would deny the states any power whatsoever in order to preserve ultimate authority on their end.
The question is: what happends when the federal government passes a bill that is unconstitutional? The supreme court could decide never to judge a case if they wanted to – even if they do, it often takes years. Since the states obviously have powers under the 9th and 10th ammendments – what are their roles? The answer is that the STATES are the ultimate check against federal power. The result of congress passing an unconstitutional law is that the states will nullify it at least until a judgement is made by the supreme court. If we returned to those days – the federal government would never even try to pass these socialist laws
Report Post »MCDAVE
Posted on March 16, 2012 at 10:06pm@SOYBOMB315 Good posts..learned some things from your posts ..Thanks
Report Post »wildbill_b
Posted on March 17, 2012 at 2:06amIt is easier than that Soy. All preambles of Federal AND state constitutions state the following in some form. “We the People, thankful to (all mighty god, our creator, etc) do hereby ordain and establish this constitution (LAW for the operation of the respective corporation). Thus Hierarchy of power in America IS God, Us the ‘People’, government, corporations in general. The federal government is OUR CREATURE. We created it, we can alter anything it does at will. Not to mention that the founders ALL spoke of it. “Every State has a natural right in cases not within the compact (casus non faederis) to nullify of their own authority all assumptions of power by others within their limits. Without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them.”
Report Post »– Thomas Jefferson, Draft Kentucky Resolutions, 1798. The Writings of Thomas Jefferson, (Memorial Edition) Lipscomb and Bergh, editors ME 17:387
Obama Been Lauding
Posted on March 17, 2012 at 6:28amUnder the current Administration, the ‘Necessary and Proper Clause’ should be called ‘the Smoke and Mirrors Clause’, or ‘the Bait and Switch Clause’.
Report Post »There should be great fear in every American at what is being done by the “Progressives” among us!!
They have put all the chips on the table this time, to totally “Fundementally Transform” our way of life, and the Constitution, thus “Our Government”, and way of life!!!!
Don‘t be fooled by Obama’s smile, and his speeches(via teleprompter).
Who is considered the “Great Deceiver”??
Who dedicated his book to the “Great Deceiver”???
Who is using that book, as their playbook????
Anyone but Obama 2012!!!!!
SpankDaMonkey
Posted on March 16, 2012 at 10:10am.
Report Post »If it gets upheld. We should all get sick on Tuesday…….
ICRedifURBlue
Posted on March 16, 2012 at 10:48pmJust engraved “Necessary and Proper” on my S&M .40 and my Savage .243……….
Report Post »Peter Yohansen
Posted on March 16, 2012 at 10:08amNecessary and Proper = “The Ends Justify The Means”
๏_๏
Report Post »cessna152
Posted on March 16, 2012 at 10:46amIt’s necessary and proper for me to speak freely and arm myself…Yet I am denied that right in my home state of NJ. You Marxists are really ticking me off with twisting the truth as it suits your agenda!
Report Post »huey6367
Posted on March 16, 2012 at 10:06amLet’s, for a moment, assume the Supreme Court upholds Obamacare. Can the House and Senate then vote to repeal it or, at a minimum, defund it? Yes, defunding it is only temporary until a new Congress is elected but it is better than doing nothing. Then again, I am talking about politicians.
And this is assuming Congress would propose and pass this legistation and a President would sign it.
Report Post »MCDAVE
Posted on March 16, 2012 at 10:10pmBut we still need a new congress,..one that is responsible enough to read the legislation before they sign it..
Report Post »hauschild
Posted on March 16, 2012 at 10:04amThese people should be behind bars!
Report Post »2theADDLED
Posted on March 16, 2012 at 12:35pmHere is more of their beliefs
Report Post »https://en.wikipedia.org/wiki/Second_Bill_of_Rights
2theADDLED
Posted on March 16, 2012 at 12:42pmOr do they ?
Report Post »Robert0221
Posted on March 16, 2012 at 9:55amhere we go the dips in Washington think they can fool the people on this one by misrepresenting the constitution yet again this crap needs to be stopped right now.One the necessary and proper clause is for the affore mentioned enumerated powers which means these thieves still have to name the power they are trying to violate.
Report Post »HKS
Posted on March 16, 2012 at 9:43amIs this a pitiful bunch or what. They would fit right in with that kim jong character. Maybe we could send them over there.
Report Post »soybomb315
Posted on March 16, 2012 at 9:42amHappy b-day James Madison – Father of the Constitution – and fourth president of the United States. Born on March 16, 1751
Report Post »Itsjusttim
Posted on March 16, 2012 at 9:39amLets look at this rationally – how many trillions and trillions of paper money have they just printed out of thin air? Oh yeah like the Health Care legislation isn’t going to be upheld by the court.
Report Post »soybomb315
Posted on March 16, 2012 at 9:38amwho cares. obviously, the republican establishment doesnt care about this issue or else they wouldnt be trying to nominate someone who supported the individual mandate in his state and then at the federal level (2009).
Report Post »happ77
Posted on March 16, 2012 at 12:51pmHealthcare is a States rights issue always has been. If the people
Report Post »in Mass wanted it that was their right. If they want to change it they
can if they want to keep it they can or like Reagan said they can
vote with their feet. Its a whole differant issue on the federal leval.
I’ve seen nothing that proves Romney was for it on the federal leval.
If your talking about one of his advisers well its a free country for the
time being and that was his right. Romney has said hes against
obamacare, he says he will issue an executive order giving all the
states a waiver until it can be repealed. What more do you want
from him. Lets hope the court finds against the feds but if they don’t
or even if they do, ABO
soybomb315
Posted on March 16, 2012 at 1:17pm@HAP
i guess you were absent when it came out that romney came on record and supported it at a national level
http://articles.boston.com/2012-03-06/nation/31123276_1_massachusetts-plan-individual-mandate-health-care
Actions speak louder than words
Report Post »SpeckledPup
Posted on March 16, 2012 at 9:37amwe pray 109:9 daily. it’s the only hope left to save America.
Report Post »YAHSHUARULES
Posted on March 17, 2012 at 2:26am2 Chronicles 7v14. No one can turn this around without the help of YHVH and His direct intervention!
Report Post »RayOne
Posted on March 16, 2012 at 9:37am“I, an a Constitutional law specialist”.
Report Post »“I will get my way”.
Turtleman
Posted on March 16, 2012 at 9:36amThere is no healthcare in Obamacare. It is about the ultimate control over every facet of our lives. Is there anything you do that cannot be construed to affect your health???
Report Post »Abraham Young
Posted on March 16, 2012 at 9:27amIf the Supreme Court buys that argument, then we know who the Communists are and who are not. The same sort of ilk on the Court also banned prayer in school.
Report Post »Abraham Young
Posted on March 16, 2012 at 9:23amI can’t wait to hear the defense they raise when they stand before the Lord on Judgment Day. All their spurious lies and deceit will be of little use to them before the Heavenly Judge. The court of men may or may not cause them any reflection on the sordid character of their usurpation, but there will be no admission for despots and tyrants in the government of God.
Report Post »TheBurningTruth
Posted on March 16, 2012 at 5:18pmFirst, whatever they have to day on Judgement Day will be of precious little use to us still here as our lives turn into that of a Feudal Serf to the govt. Second, just how do you propose to be there to hear their defense? Did God allow cameras at the Pearly Gates?
Report Post »classicalgas
Posted on March 16, 2012 at 9:23amComrade Hussein Obama’s minions will find a way to make ANYTHING sound constitutional. The propanda machine of the regime will get the Supreme Court to side with them. If they do, it is all over for the country and the world. “Once freedom is lost, it can never be regained.”
Report Post »RJJinGadsden
Posted on March 16, 2012 at 10:09amWhole heartedly agree with you. Love that site name you have chosen since I have always loved that song since it came out. In your honor:
Report Post »http://www.youtube.com/watch?v=HhMuCiAe6vA
StonyBurk
Posted on March 16, 2012 at 9:19amI am convinced that the 0 does not understand our Constitution in any reflection of what was understood when the terms used were ratified by the States. If we we yet have a Supreme Court majority that honors the Oath/ Oaths administered to ALL Judges to support our Constitution. IF it is indeed as the Supreme Court declared in 1905 legal decision “The Constitution is a written instrument. As such its meaning does not alter. that which it meant when it was adopted it means Now.” IF the Supreme Court today can be trusted to understand the Constitution and the terms used. then the Fraud presented by this corrupt and evil Administration will be exposed as such. The individual mandate may be necessary to the unconstitutional law but is it proper for the government to tell men what to plant and to reap “to expect a man to pay for that which he disbelieves and abhors is sinful and tyrannical” I believe Jefferson once said.And that ought be a self evident truth.
Report Post »shogun459
Posted on March 16, 2012 at 9:59amThen Obama has fooled you.
Report Post »He is deliberatly tearing down the Constitution.
He IS fundimentaly changing our country, the one campaign promise he ever intended to keep.
Obama said, “I want a constitution that spells out what government can do for (TO) you.”
Zwolle
Posted on March 16, 2012 at 11:26amAgreed…and to add, The Supreme Court is not the arbiter of what is constitutional or not. According to the Constitution, it is not the jurisdiction of the SCOTUS. The states are the arbiter of constitutionality. Nullification. “We will not comply!”
Report Post »zoro51
Posted on March 16, 2012 at 9:18amsocialist care IS UN AMERICAN … IMPEACH OBAMA NOW
Report Post »BehindBlueEyes
Posted on March 16, 2012 at 9:17amThe Supreme Court will make its decision this June. My guess is that by that time half the cities in America will be in chaos and flames. This will be a direct result of Obama and his puppet masters tacit to pit Americans against each other.
Report Post »No matter what the decision there is going to be trouble.
MCDAVE
Posted on March 16, 2012 at 11:42amI Agree ….Obama must be held accountable..there needs to be trials and punishments for his evil actions against us..
Report Post »soybomb315
Posted on March 16, 2012 at 5:00pmthey will hold this country together with bubble gum and sticks until the november elections are over – then all hell breaks loose
Report Post »phrogdriver
Posted on March 16, 2012 at 9:16amWhat “legal expert” believes that Scalia will buy into such an inane arguement? It’s legal bootstrapping. If they don’t have the Constitutional authority to create the program, they don’t have the legal authority to impose the laws that are “necessary and proper” to implement it.
There are “legal experts” that think Scalia is stupid enough to fall for that? Kagan, Ginsburg, Sotomeyer – sure. But Scalia?
That’s wishful thinking.
Report Post »BehindBlueEyes
Posted on March 16, 2012 at 9:25amWe are dealing with the Chi-Town crowd. Anything goes with this bunch. Intimidation and other nefarious means are standard operating procedure.
Report Post »Detroit paperboy
Posted on March 16, 2012 at 9:11amAbout 85% of federal spending is unconstitutional……why doesn’t the court deal with that ? This is exactly what our founders warned us about…… And hoped to avoid by keeping the federal government teeeeeny tiny…….the bloated bankrupt federal government is the most imminent threat to our nation and our way of life………. Not the terrorist behind every tree……….
Report Post »smithclar3nc3
Posted on March 16, 2012 at 9:19amBecause the courts are part of the system they can’t be trusted. 85% of spending, 90% of the regulations,as well as alot of laws are all UNCONSTITUTIONAL.
Report Post »Ron Paul for all his whacked out comments has that part of his platform correct. Fact is sands his views on nukes and their avaliblity he pretty much dead on in every other area.
EqualJustice
Posted on March 16, 2012 at 9:01amIf the masses won‘t buy and you can’t sell it, what ELSE would you do? REBRAND IT! ABO 2012!!! See you in DC before the Supreme Court ruling. (the MSM might report that a FEW people showed up to protest the Health Care MANDATE) ;)
Report Post »little big man
Posted on March 16, 2012 at 9:14amIf one has to shift on his opinion so many times to defend it, then you know they know they are in trouble.
Report Post »randy
Posted on March 16, 2012 at 9:00amNecessary and Proper Clause??????
WTF
Criminals, every last one of them!!!
If anything, what’s Necessary and Proper, should be putting Obama and his band of terrorists in jail!
Report Post »MidWestMom
Posted on March 16, 2012 at 9:09am@randy I couldn’t have said it better myself. Agree completely.
Report Post »shogun459
Posted on March 16, 2012 at 10:10am“Necessary and Proper Clause”
Report Post »Obama said he would “Act without Congress” if he needed to to get his agenda through.
I’m sure he will steal this excuse clause to justify anything long enough to shut the rest of us up.
Look at his track record.
Atilla
Posted on March 16, 2012 at 8:57amVladimere Lenin said that “Government controlled health care is the lynch pin of socialism.” One can assume that he and o are on the same page along with other Marxist on the Supreme Court.
Report Post »Snowleopard {gallery of cat folks}
Posted on March 16, 2012 at 9:00amIndeed, and I still see Obama using force or some means of blackmail to get one of the conservative justices to recuse themselves; to ensure a split decision on the matter.
Report Post »randy
Posted on March 16, 2012 at 9:16amWith Obama as president and Holder head of the DOJ, I expect one of the conservative judges to go the way of Drudge soon.
Report Post »Snowleopard {gallery of cat folks}
Posted on March 16, 2012 at 8:56amThis shows the truth right out about the case, they are seeking any and all means to distort their own intentions and propaganda to try and hold onto this power and control. Hopefully they will not succeed and that the SCOTUS will send the Obama-care down in flames across the board; though I do see Obama, even with a loss, using executive orders to reinstate it completely.
Report Post »kentuckypatriot
Posted on March 16, 2012 at 9:01amI’m still baffled by the article last week about Obummer and co. instituting a “ prayer vigil” for obamacare. I pray the Lord doesn’t listen.
Report Post »ABO 2012
smithclar3nc3
Posted on March 16, 2012 at 9:15amIt’s getting close to the time when we shut down D.C. not just sit on our a55 and complain. Fact is every person collecting food stamps,struggling to put gas in their cars,to pay rent, EVERY SINGLE ONE OF THEM NEED ONLY LOOK TO D.C. AS THE CAUSE OF IT. WHILE ******** LIKE OBAMA CLAIM TO HAVE THE ANSWER TO THE FUC8ING PROBLEM THEY CREATED.
Report Post »THE ANSWER IS SIMPLE IF GOVERNMENT CREATES THE PROBLEMS THEN KILL OR AT THE VERY LEAST TIE IT DOWN WITH THE PEOPLE’S POWER.
WE NEED NATIONAL BALLOTS WITH I.D.REQUIREMENT TO VOTE ON THESE ISSUES OUR REPRESENTATIVE AND THE SYSTEM CAN NO LONGER BE TRUSTED I CAN GIVE YOU OVER 16 TRILLION REASONS WHY.
Jenny Lind
Posted on March 16, 2012 at 9:44amJust wishfull thinking, but wonder what would happen if a millin people just clogged all the freeways going into Washington, turned off their engines and walked away? Do you think they would get we are a bit unhappy?
Report Post »