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The Water Cooler
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My response to the brilliance in the O'Colly
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<blockquote data-quote="soonerwings" data-source="post: 1877733" data-attributes="member: 8035"><p>While I like your line of reasoning that the constitution has guaranteed rights that are favored by both ends of the political spectrum, I would have just used the first amendment as a counterpoint without trying to stretch so far as to include talking about abortion and Obamacare. </p><p></p><p>Firstly, the commerce clause was NOT the justification used to uphold Obamacare. If you read the opinion at supremecourt.gov, you'll notice that it reads:</p><p></p><p></p><p></p><p>Rather, it was upheld because of the power of Congress to lay and collect taxes.</p><p></p><p>Secondly, there is no express right to privacy found in the Constitution. Rather, the "right to privacy" has been established by the SCOTUS rulings based on the 14th and 9th amendments in cases like <a href="http://en.wikipedia.org/wiki/Griswold_v._Connecticut" target="_blank">Griswold v. Connecticut</a> and Roe vs. Wade.</p><p></p><p>The difference is subtle, but it is there. The first and second amendments are rights EXPLICITLY given to the people while Obamacare has been upheld as being within the scope of government authority and the "right to privacy" has been established by SCOTUS interpretation of other rights. I think setting the argument up as a first amendment vs. second amendment type argument may have been more effective. All that being said, you article was MILES better than the one written by the "I'm a jerk" guy and actually relied on logic vs. emotion. I can't wait to read the comments on his article and compare them to the comments on yours.</p></blockquote><p></p>
[QUOTE="soonerwings, post: 1877733, member: 8035"] While I like your line of reasoning that the constitution has guaranteed rights that are favored by both ends of the political spectrum, I would have just used the first amendment as a counterpoint without trying to stretch so far as to include talking about abortion and Obamacare. Firstly, the commerce clause was NOT the justification used to uphold Obamacare. If you read the opinion at supremecourt.gov, you'll notice that it reads: Rather, it was upheld because of the power of Congress to lay and collect taxes. Secondly, there is no express right to privacy found in the Constitution. Rather, the "right to privacy" has been established by the SCOTUS rulings based on the 14th and 9th amendments in cases like [URL="http://en.wikipedia.org/wiki/Griswold_v._Connecticut"]Griswold v. Connecticut[/URL] and Roe vs. Wade. The difference is subtle, but it is there. The first and second amendments are rights EXPLICITLY given to the people while Obamacare has been upheld as being within the scope of government authority and the "right to privacy" has been established by SCOTUS interpretation of other rights. I think setting the argument up as a first amendment vs. second amendment type argument may have been more effective. All that being said, you article was MILES better than the one written by the "I'm a jerk" guy and actually relied on logic vs. emotion. I can't wait to read the comments on his article and compare them to the comments on yours. [/QUOTE]
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