Tag Archive for Constitution

No, No You Cannot

Michigan's Legislature Seems To Be Considering Legislation That Would Be Dead On Arrival

eminent-domainA strange thing is happening.

I am not sure if it is the disease that has spread from the federal administration and is now infesting the minds of Michigan legislators is curable, but we had better get a handle on it.  Ignoring the constitution of the US by the president, and now that of Michigan by its lawmakers seems to be happening at a near feverish pace.

For the sake of not embarrassing 14 Michigan congress critters for their inability to serve articles of impeachment, we’ll forgo the multitude of Obama violations in this essay.  And perhaps we can breath a little easier (but only a little) that our legislators don’t enjoy the benefits of a Pen and a Phone, and a cowardly congress to make their abrogations easier.

Currently, and perhaps for very a reasonable cause, there is legislation that has already passed the house designating as legal, a violation of Michigan’s constitution as amended in 2006.  Perhaps without realizing it, State Representatives have passed 69-41, HB 5255.  The legislation is part of a package that will provide a mechanism for carbon sequestration, and apparently provide as well, a means for the use of CO2 as an alternative to fracking fluids or for pressurizing depleted wells.

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When Less Means More

Clearly, we dodged a bullet by not establishing a state run exchange. The AG appears to be watching for 'ricochets.'

Attorney_General_Bill_Schuette_410797_7For anyone who wondered WHY we did not establish a state run exchange, the answer is clearly about surrendering authority.

Not unlike the camel’s nose, the exchange was a buy-in to undermine state sovereignty. Fortunately, Michigan attorney general Bill Schuette appears to be trying to make sure the mandate does NOT apply to Michigan residents. From MLive:

Attorney General Bill Schuette is arguing an IRS rule offering tax credits to individuals buying health insurance on the federal exchange from states without their own exchanges violates the U.S. Constitution.

The argument was made in a “friend of the court” brief filed in a case before the U.S. Court of Appeals for the D.C. Circuit, where individuals and businesses from states without insurance exchanges are challenging the ability of the IRS to offer tax credits for buying insurance through the federally established exchange.

Schuette and the attorneys general for Kansas and Nebraska argue that allowing the IRS to offer the credits overrules the decisions not to set up exchanges under the Affordable Care Act that 34 states made and is invalid under the Tenth Amendment.

Schuette’s on the right track.

Additionally, it should be noted that this might not be the most popular move, and could be painful to his campaign in the general. As many Michiganians are expecting a federal subsidy, it may not happen or they may lose that subsidy if this action is successful.

This is a courageous and quite correct move.

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