1) It specifies specifically the Merchant Marine, which is an auxiliary arm of the US Navy
2) It requires purchase from the government itself, not private institutions. The court challenge specifies that it is unconstitutional to force people to buy goods and services from private sector.
So the merchant marine, not strictly civilian, particularly not in that era, was being forced to purchase from the government, not private providers.
3) The merchant marine specifically falls under federal control, not state, they are under federal jurisdiction, and the Act specifies only elements under federal jurisdiction, thus it is totally irrelevant to any challenges specifically having to deal with the commerce clause, which deals with state to state matters.
That's just the obvious flaws that come to mind with the analogy, I'm sure a lawyer could find even more.
2) It requires purchase from the government itself, not private institutions. The court challenge specifies that it is unconstitutional to force people to buy goods and services from private sector.
So the merchant marine, not strictly civilian, particularly not in that era, was being forced to purchase from the government, not private providers.
3) The merchant marine specifically falls under federal control, not state, they are under federal jurisdiction, and the Act specifies only elements under federal jurisdiction, thus it is totally irrelevant to any challenges specifically having to deal with the commerce clause, which deals with state to state matters.
That's just the obvious flaws that come to mind with the analogy, I'm sure a lawyer could find even more.
The intuitive mind is a sacred gift and the rational mind is a faithful servant. We have created a society that honors the servant and has forgotten the gift.
- Albert Einstein
King of Cairhien 20-7-2
Chancellor of the Landsraad, Archduke of Is'Mod
- Albert Einstein
King of Cairhien 20-7-2
Chancellor of the Landsraad, Archduke of Is'Mod
ObamaCare's Legal Death Spiral Continues.....great news for America!
08/06/2011 10:04:24 PM
- 855 Views
I'm not informed enough to comment on most of this, but can someone explain that last line to me?
08/06/2011 11:25:49 PM
- 524 Views
just a guess but
08/06/2011 11:40:44 PM
- 390 Views
Yeah, and I guess that's what I was missing (see my response to Tom).
09/06/2011 07:13:00 AM
- 374 Views
A lot of the debate from the centered around how many of those people there are.
10/06/2011 01:15:19 AM
- 371 Views
"...the government mandate to have health insurance was unlike any law in American history"...
09/06/2011 05:24:56 AM
- 375 Views
wait....
09/06/2011 04:34:13 PM
- 421 Views
Guess what the "I" in FICA is; the Old-Age, Survivors, and Disability Insurance program is insurance
10/06/2011 12:34:04 AM
- 505 Views
if you want to opt out just work for a local government
09/06/2011 06:01:06 PM
- 357 Views
a few high profile cases does not equal "most" in any sense of the word *NM*
10/06/2011 02:38:26 AM
- 154 Views
Actually, there's an even more relevant example.
09/06/2011 08:01:18 PM
- 482 Views
That's the best link I've ever seen posted anywhere on the internet. *NM*
09/06/2011 08:26:02 PM
- 147 Views
That's a very flawed example
09/06/2011 09:06:24 PM
- 368 Views
Did you read the Act itself?
10/06/2011 04:04:39 PM
- 335 Views
Yes, did you get the 'foriegn port' part of sentence, or did you stop reading after the comma?
10/06/2011 06:11:27 PM
- 336 Views
Re: Yes, did you get the 'foriegn port' part of sentence, or did you stop reading after the comma?
10/06/2011 06:54:29 PM
- 343 Views
It might help if you clarified what your point is
10/06/2011 08:05:30 PM
- 337 Views
besides it was still just a condition for a specific job not a blanket requirement for breathing
10/06/2011 08:36:07 PM
- 349 Views
In other words, this is as "unprecedented" as filibustering Bush judicial nominees (i.e. it's not).
10/06/2011 12:55:17 AM
- 333 Views
Oh well. Living in a shit hole country is something I love and a chance to change that is BS.
12/06/2011 05:21:25 PM
- 342 Views