Can A State Withdraw From A Constitutional Amendment?

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By Devvy

Yesterday’s ruling by Judge Roger Vinson regarding the constitutionality of CommieCare is a victory of sorts. Of course, the Red in the White House doesn’t see it that way:

W.H. charges ‘activism’ in ruling

“This ruling is well out of the mainstream of judicial opinion,” Stephanie Cutter, an assistant to President Obama, wrote on the White House’s blog after Judge Roger Vinson in Florida ruled that the entire law is unconstitutional. “Today’s ruling … is a plain case of judicial overreaching. The judge’s decision contradicts decades of Supreme Court precedent that support the considered judgment of the democratically elected branches of government that the Act’s ‘individual responsibility’ provision is necessary to prevent billions of dollars of cost-shifting every year by individuals without insurance who cannot pay for the health care they obtain.”

That statement is just more clever word smithing. I doubt Ms. Cutter even read Judge Vinson’s decision.[1] He was meticulous and constitutionally on point in his ruling with the exception in my humble opinion and not having any training in the law, the following statement on page 6 of his decision: “Under Dole, there are four restrictions on Congress’ Constitutional spending power: (1) the spending must be for the general welfare;”

“With respect to the words “general welfare,” I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators.” James Madison

Devvy – Can A State Ignore A Constitutional Amendment?

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