In other words, can Obama and the Democrats use the federal courts to overturn individual state laws which have been enacted to prohibit the federal government from forcing state citizens to buy federal health insurance against his free may?
for instance, Virginia governor Bob McDonnell is going to sign into law a bill that may prohibit Virginia residents from being forced to buy federal healthcare plans against his free may. If McDonnell does this, and Obamacare passes, can Obama use the federal courts to overturn that state law?


Jesse 5:00 pm on March 16, 2010 Permalink |
No, he won’t have to since Federal Law supersedes state law.
Article VI Clause 2 of the United States Constitution:
"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."
Of course, I wish it didn’t since that would mean that would mean more jobs in my state while companies flee to places with lower health care costs.
liberal Kool-Aid drinker 5:00 pm on March 16, 2010 Permalink |
The states are practicing "death by 1000 cuts" against 0-bama. The more he tries to interfere in states’ rights issues, the more blow-back there will be against democrats! Obama has already poked the Chief Justice of the SCOTUS with a sharpened stick once. He need not make a habit of it.
iceman 5:00 pm on March 16, 2010 Permalink |
Yes, I believe the federal courts supersede the state courts.
Sonny 5:00 pm on March 16, 2010 Permalink |
i sure hope he tries! we can buy the dollar from china after we secede and whats left of the u.s. goes broke from broken states wanting government healthcare
HU$TLE 5:00 pm on March 16, 2010 Permalink |
the executive and legislative branches have no authority over the judicial. and they shouldn’t be easily swayed by rewards for favoring anything or one over another.
Uncle Joe Stalin 5:00 pm on March 16, 2010 Permalink |
He can try, but I don’t think he will get Roberts, Alito, Thomas, Scalia and Kennedy to agree, especially when he offends the SC during his state of the obama speech.
Spock (rhp) 5:00 pm on March 16, 2010 Permalink |
if ObamaCare passes muster with the Supreme Court, yes. If it doesn’t, the issue would be moot, wouldn’t it?
Paladin 5:00 pm on March 16, 2010 Permalink |
I think we are about to find out
babbie 5:00 pm on March 16, 2010 Permalink |
He can try, but since the Constitution gives states the right to protect their citizens from federal tyranny, I doubt he’d get very far. And there are a lot of law suits out there just waiting for him to sign that bill into law.