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Real public servants are free enterprising individuals who, inspired, embrace challenge, take risks, and create, sometimes big, and often, they create jobs in the process, all out of their ideas, and self initiative...

Tuesday, February 1, 2011

Federal Judge: Individual Mandate Unconstitutional, Health Care Overhaul "must be declared void" --His reasoned argument "is a tour de force!"

Those were the words used by Manny Klausner, co-founder of The Reason Foundation.  And he accompanied his advisory with a link to the actual ruling which you can read for yourself, and further comments pointing to the points in the argument he found to be profoundly insightful about the importance of complying with constitutional limitations in the opinion and the authorities cited by Judge Vinson.  Vinson opinion

*Update: U.S. District Judge Roger Vinson ruled that because the Patient Protection and Affordable Care Act's individual mandate to purchase health insurance is unconstitutional, the entire law "must be declared void." Judge Vinson cites this Reason.tv video on page 47 of his decision.
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The Commerce Clause of the U.S. Constitution grants Congress the power to "regulate commerce . . . among the several States," and for more than 100 years federal lawmakers invoked it for a very narrow purpose—to prevent states from imposing trade barriers on each other. But today members of Congress act as if it gives them the authority to do just about anything—including forcing you to eat your vegetables.
Click here to watch the Reason TV Video that was cited in Judge Vinson's ruling and read the complete update posted below the video.
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Botched Paramilitary Police Raids: An Epidemic of "Isolated Incidents"

"If a widespread pattern of [knock-and-announce] violations were shown . . . there would be reason for grave concern." —Supreme Court Justice Anthony Kennedy, in Hudson v. Michigan, June 15, 2006. An interactive map of botched SWAT and paramilitary police raids, released in conjunction with the Cato policy paper "Overkill: The Rise of Paramilitary Police Raids," by Radley Balko. What does this map mean? How to use this map View Original Map and Database

Key

Death of an innocent. Death or injury of a police officer. Death of a nonviolent offender.
Raid on an innocent suspect. Other examples of paramilitary police excess. Unnecessary raids on doctors and sick people.
The proliferation of SWAT teams, police militarization, and the Drug War have given rise to a dramatic increase in the number of "no-knock" or "quick-knock" raids on suspected drug offenders. Because these raids are often conducted based on tips from notoriously unreliable confidential informants, police sometimes conduct SWAT-style raids on the wrong home, or on the homes of nonviolent, misdemeanor drug users. Such highly-volatile, overly confrontational tactics are bad enough when no one is hurt -- it's difficult to imagine the terror an innocent suspect or family faces when a SWAT team mistakenly breaks down their door in the middle of the night. But even more disturbing are the number of times such "wrong door" raids unnecessarily lead to the injury or death of suspects, bystanders, and police officers. Defenders of SWAT teams and paramilitary tactics say such incidents are isolated and rare. The map above aims to refute that notion.

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