• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

North Carolina Tea Party

North Carolina's Home For Liberty

  • Home
  • Headlines
  • Opinion
  • About us
  • Contact Us

ACLJ Memorandum on the Florida Ruling

February 4, 2011 by NC Tea Party Staff Leave a Comment

Judge  Roger Vinson, a Senior United States District Judge for the Northern District of
Florida, has determined that ―The Patient Protection and Affordable Care Act‖ (―the Act‖) is
unconstitutional.
1
Judge Vinson begins his opinion by reiterating the importance of the federalist
system.  In framing the question before the  court, Vinson emphasized that this question is not
necessarily about the health care system, but about the  federalist system and the ―very important
issues regarding the Constitutional role of the Federal government.‖
2
Supporting this thesis,
Vinson quotes Federalist 51 and the 10th Amendment, articulating the Framers intent of a limited
federal government.
3
Vinson states:  ―Rather than being the mere historic relic of a bygone era, the
principle behind a central government with limited power has ‗never been more relevant than in
this day, when accretion, if not actual accession, of power to the federal government seems not
only unavoidable, but even expedient.‘‖
4
After motions to dismiss, two issues remained:   (1)
whether the individual mandate violates the Commerce Clause (Count I) and (2)  ―[whether] [t]he
expansion of Medicaid violates the Spending Clause and principles of federalism protected under
the 9th and 10th Amendments‖ (Count IV).
5

Judge  Roger Vinson, a Senior United States District Judge for the Northern District of Florida, has determined that ―The Patient Protection and Affordable Care Act‖ (―the Act‖) is unconstitutional.1  Judge Vinson begins his opinion by reiterating the importance of the federalist system.  In framing the question before the  court, Vinson emphasized that this question is not necessarily about the health care system, but about the  federalist system and the ―very important issues regarding the Constitutional role of the Federal government.‖2Supporting this thesis, Vinson quotes Federalist 51 and the 10th Amendment, articulating the Framers intent of a limited federal government.3Vinson states:  ―Rather than being the mere historic relic of a bygone era, the principle behind a central government with limited power has ‗never been more relevant than in this day, when accretion, if not actual accession, of power to the federal government seems not only unavoidable, but even expedient.‘‖4  After motions to dismiss, two issues remained:   (1) whether the individual mandate violates the Commerce Clause (Count I) and (2)  ―[whether] [t]he expansion of Medicaid violates the Spending Clause and principles of federalism protected under the 9th and 10th Amendments‖ (Count IV).5

(read the entire memo)

Filed Under: Archives

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Primary Sidebar

Archives

  • January 2021
  • October 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2015
  • March 2014
  • February 2014
  • November 2013
  • October 2013
  • August 2013
  • February 2013
  • January 2013
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • July 2009
  • June 2009

Copyright © 2022 · News Pro on Genesis Framework · WordPress · Log in