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Old 08-24-2015, 04:50 AM
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ilbegone ilbegone is offline
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Default 14th amendment & Obamacare

The discussion is finally getting around to the intent of the 14th Amendment, which has to do with newly freed slaves 150 years ago. The debate in Congress at the time had nothing to do with, nor had anticipation of illegal migration a hundred years and more into the future.

The 1898 Wong Kim Ark decision had to do with with the American born son of Chinese who had entered the country legally.

For over a century the argument that the literal words of the 14th amendment apply has prevailed.

Enter the recent Supreme Court decision concerning the subsidization of Obamacare in states where exchanges weren't set up by the states themselves.

Rather than a literal interpretation of the written law, which has been the norm since the republic was founded more than 200 years ago, the Supreme Court made a decision based on "the intent" of Congress on a law which was written by a third party, not read by anyone in Congress until it was passed on a pure partisan vote, and which Congress promptly voted itself an exemption from coverage once they found what was in the law.

No literal interpretation for Obamacare, no literal interpretation for the 14th Amendment.
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