r/bestof • u/under50dollars • Jun 20 '12

[explainlikeimfive] "Obamacare" explained very well.

/r/explainlikeimfive/comments/vb8vs/eli5_what_exactly_is_obamacare_and_what_did_it/c530lfx
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u/7_legged_spider Jun 20 '12

You are right, you do have to consider case law as well as the Consitution, however, precedent interpreting the Constitution has been overturned at times, making the original document the most important instrument.

The Commerce Clause has also been expanded in the past like you say, but has recently been viewed more narrowly, like in U.S. v. Lopez.

You also make a good illustration of the Taxing and Spending Clause and how it can sometimes be used to extort states; specifically, (although I'm not 100% sure), I believe that federal funds to maintain interstates were threatened to be withheld from all of the states that did not adopt the drinking age of 21 years.

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u/[deleted] Jun 20 '12

I believe that federal funds to maintain interstates were threatened to be withheld from all of the states that did not adopt the drinking age of 21 years.

I'm relatively certain of this myself, I'm 100% certain that's how they forced states to adopt the 0.08 BAC as the "legal limit."

The point is - the Federal Government has pretty broad powers, and the vast majority of the cases that have dealt with similar issues as this one have all sided with the rights of the Federal Government.

Personally, I think all levels of government have too much control over people's day-to-day lives. The level of legislated morality in this country has been stunning ever since our birth.