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Published byVladimír Beneš Modified over 5 years ago
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How to read the Constitution? Originalism vs Living Constitution
Debate 1 How to read the Constitution? Originalism vs Living Constitution
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Commerce [The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; Art 1 Sect 8 Clause 3
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Debate synopsis Is the Constitution a living documents (meaning open to change) or is the constitution supposed to be read as is? When a power is not written in the constitution does a branch of government have the right to go beyond those powers?
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SC Justices explain the debate
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Lets make this real Obamacare (Affordable Care Act) Passed partisanly in 2010 was challenged in the courts in 2012 as to whether or not it violated the constitution. It was ruled constitutional by a 5-4 vote with the official ruling stating:
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There is nothing in the constitution that permits the government from regulating the commerce of health care, as well as there is nothing that states they cannot. Is this an implied power of the legislative branch or was this act unconstitutional all-together?
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Going too far Mark Levin (Radio-Talk-Show-Host)
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Obamacare is constitutional
Al Sharpton (MSNBC, Politics Nation)
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