A Sea Of Red

So basically VA government will be violating the Constitution whenever federal health insurance is mandated.

how will that violate the constitution? I could see how the actual mandate itself violates it but not Virginia's attempt to skirt it.

LUconn wrote:how will that violate the constitution? I could see how the actual mandate itself violates it but not Virginia's attempt to skirt it.

There's a clause somewhere in the Constitution that says federal law trumps state law. Its also the very issue of states rights that caused the American Civil War.

Uh yeah, the states' right to enslave those they deemed fit.

LUconn wrote:how will that violate the constitution? I could see how the actual mandate itself violates it but not Virginia's attempt to skirt it.

States can not pass laws that violate federal laws. A state law that attempts to prevent the federal government from enforcing a federal law is unconstitutional.

Sly Fox wrote:Uh yeah, the states' right to enslave those they deemed fit.

It was more than just slavery...

ATrain wrote:

LUconn wrote:how will that violate the constitution? I could see how the actual mandate itself violates it but not Virginia's attempt to skirt it.

There's a clause somewhere in the Constitution that says federal law trumps state law. Its also the very issue of states rights that caused the American Civil War.

I assume your talking about the supremacy clause that says,

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

http://www.usconstitution.net/const.html#Article6

Federal Laws trump state laws when the Federal law is made in Pursuance to the Constitution. Since mandating the all individuals purchase health insurance is not a power granted to the Federal government, then Virginia is defending the Constitution by disputing whether this law is itself pursuant to the Constitution. I applaud the VA legislature for this move.

Covert Hawk wrote:

ATrain wrote:

LUconn wrote:how will that violate the constitution? I could see how the actual mandate itself violates it but not Virginia's attempt to skirt it.

There's a clause somewhere in the Constitution that says federal law trumps state law. Its also the very issue of states rights that caused the American Civil War.

I assume your talking about the supremacy clause that says,

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

http://www.usconstitution.net/const.html#Article6

Federal Laws trump state laws when the Federal law is made in Pursuance to the Constitution. Since mandating the all individuals purchase health insurance is not a power granted to the Federal government, then Virginia is defending the Constitution by disputing whether this law is itself pursuant to the Constitution. I applaud the VA legislature for this move.

that pretty much covers it.

Covert Hawk wrote:

ATrain wrote:

LUconn wrote:how will that violate the constitution? I could see how the actual mandate itself violates it but not Virginia's attempt to skirt it.

There's a clause somewhere in the Constitution that says federal law trumps state law. Its also the very issue of states rights that caused the American Civil War.

I assume your talking about the supremacy clause that says,

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

http://www.usconstitution.net/const.html#Article6

Federal Laws trump state laws when the Federal law is made in Pursuance to the Constitution. Since mandating the all individuals purchase health insurance is not a power granted to the Federal government, then Virginia is defending the Constitution by disputing whether this law is itself pursuant to the Constitution. I applaud the VA legislature for this move.

Thanks for clarifying. I also applaud the VA legislature for this particular move.

Yeah that's what I was referring to. It's not exactly that cut and dry even though it should be. Virginia's legislation really just ensures a challenge of constitutionality. So it would work it's way up the system and hopefully SCOTUS would take on the case. Then of course at that point they make the final decision. BUT they are the very same court (swap a lib for a lib) who decided the Eminent Domain could be used for revenue. So you never know