Moldova - I wanted to say that this whole necessary and proper clause that allows Congress to pass legistlation that it deems fit is a little scary.
We see what happened with the Obama bill and I am glad the last federal court Judge saw this too.
This piece of legislation needs to be abolished because it destroys our healthcare system which is considered among the best in the world.
However, I did want to add that there was some occasions in which the supremacy clause example was effective and used properly.
In the McCulloch v Maryland supremacy clause case involved the unlawful taxing of a federal bank.
The state of Maryland wanted to tax this federal bank to even out the playing field because it felt that this federal bank had advantages that the state banks did not, so that is why the state tried to impose a tax on all banks that did not originate from the state.
However, Judge Marshall in his opinion wrote that this act that the state of Maryland engaged in violated the necessary and proper clause which states that congress has a right to pass laws deemed necessary and proper which was found in Article one section eight.
This gave Congress the ability to draft a federal bank in any state and the federal law regarding this bank overrode the state law taxing it.
It is this very clause that the Obama adminstration is hoping will uphold his socialized medicine bill. It was passed in such an underhanded way against the will of the American people that it is an abuse of power.
I believe about 70% of the American people are against this bill yet the Democrats forced it through.
I sure hope the Supreme Court rules that this piece of legislation is unconstitutional because our country would never be the same if it were allowed to remain the law of the land. This is a pure abuse of the necessary and proper clause and it has to stop.