How has Obama not been indicted or impeached by now?

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TopTierHustler

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#101 TopTierHustler
Member since 2012 • 3894 Posts

obama is just a puppet,you get rid of him he is just gonna be replaced by another to do their bidding.

damojeebs

paranoid schizophrenia much?

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TheWZRD

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#102 TheWZRD
Member since 2012 • 605 Posts

[QUOTE="damojeebs"]

obama is just a puppet,you get rid of him he is just gonna be replaced by another to do their bidding.

TopTierHustler

paranoid schizophrenia much?

Nope, they're nothing but tyrants. They enslave the people.
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deactivated-5b78379493e12

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#103 deactivated-5b78379493e12
Member since 2005 • 15625 Posts

The ignorance and hatred in this thread is rather amazing, but not unexpected in a place like OT.

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King-Kai

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#104 King-Kai
Member since 2012 • 934 Posts

The ignorance and hatred in this thread is rather amazing, but not unexpected in a place like OT.

jimkabrhel

Enlighten us, please.

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#105 deactivated-5b78379493e12
Member since 2005 • 15625 Posts

Others have explained better than I that President Obama did not violate the constitution. He does very little with at least consulting his legal team, if he doesn't consult the rest of his advisors.

It's true that he went ahead with the described assassination, and with the intervention in Libya, but he would have done none of this if at any point someone said, "That's unconstitutional!".

Do you really think President Obama is the first President to make actions like this? Please. I don't necessarily agree with what was done, but I don't think President Obama should be impeach, not more than I think President Bush and the Congress of the time should be removed for going to war without real evidence of WMDs.

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whipassmt

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#106 whipassmt
Member since 2007 • 15375 Posts

I'm going to be honest and say that I have a positive bias toward Obama since he's a Democrat and not a crazed Republican. However, after considering a few actions which his administration has taken, I've come to wonder why he hasn't been indicted or impeached by now. His administration has violated the Constitution numerous times, in the most heinous manner on each occasion. For example, the Fifth Amendment states the following:

Fifth Amendment: [quote="United States Constitution"]No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.King-Kai

Take specific note of the portion that is in bold font (i.e. "nor be deprived of life, liberty, or property, without due process of law"). When President Obama's administration sanctioned theassassinationof Anwar Al-Awlaki, it violated this Constitutional clause. Awlaki, a U.S. Citizen, was assinated without due process; he was never indicted or tried for any of the supposed crimes he was assinated for. Hence, he was deprived of life without due process of law, which is an egregious violation of the Constitution. How has the Obama Administration been allowed to do this? Can't the Supreme Court step in? How about the Attorney General? Oh, wait, he was nominated by the President himself. Talk about conflict of interest. :roll:

Cenk Uygur talks about the assasination here.

Another example of Obama's violation of the Constitution was his sanctioning of U.S. Military involvement in Libya. He never got Congressional approval.

So, considering these examples, how has he not been indicted? WTF is happening to the U.S.? Doesn't anyone have any respect for the Constitution?

According to the Attorney General, Eric Holder "due process" doesn't necessarily mean "judicial process", i.e. targets like Awlaki and others aren't killed without process, the Executive branch is supposed to go through a process to ensure that there is sufficient evidence to kill them. That being said if Awalki was on U.S. soil, or in places with a large U.S. troop presence such as Iraq a few years ago, we should've arrested him. But I think it was not feasible to arrest him in Yemen.

As for the Libya thing, the War Powers Act allows the President to use military force for a certain period (I think 60 days, it might be 90 days) without Congressional Approval. Also Obama justified U.S. involvement as fulfilling "treaty obligations" because we were supporting NATO (The North Antlantic Treaty Organization). The thing I can't figure out is why people accuse Bush's invasion of Iraq as being "illegal" when he got Congressional Authorization to do so, and yet they defend Obama's involvement in Libya which was not approved by Congress.

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#107 whipassmt
Member since 2007 • 15375 Posts

Others have explained better than I that President Obama did not violate the constitution. He does very little with at least consulting his legal team, if he doesn't consult the rest of his advisors.

It's true that he went ahead with the described assassination, and with the intervention in Libya, but he would have done none of this if at any point someone said, "That's unconstitutional!".

Do you really think President Obama is the first President to make actions like this? Please. I don't necessarily agree with what was done, but I don't think President Obama should be impeach, not more than I think President Bush and the Congress of the time should be removed for going to war without real evidence of WMDs.

jimkabrhel

You can't impeach Bush for disagreement over his policies, only for "high crimes and misdemeanors". Bush did nothing illegal in regard to Iraq, he was authorized by Congress to use force if need be, and the first Gulf War ended in a cease-fire. Saddam had longer range missiles than the cease-fire allowed and thus he broke the terms of the cease-fire, which means the U.S. and the coalition were legally allowed to resume combat (in truth the combat really never stopped, from the 1991 to 2003 the U.S. and its allies were enforcing a No-fly zone over parts of Iraq).

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deactivated-5b78379493e12

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#108 deactivated-5b78379493e12
Member since 2005 • 15625 Posts

[QUOTE="King-Kai"]

I'm going to be honest and say that I have a positive bias toward Obama since he's a Democrat and not a crazed Republican. However, after considering a few actions which his administration has taken, I've come to wonder why he hasn't been indicted or impeached by now. His administration has violated the Constitution numerous times, in the most heinous manner on each occasion. For example, the Fifth Amendment states the following:

Fifth Amendment: [quote="United States Constitution"]No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.whipassmt

Take specific note of the portion that is in bold font (i.e. "nor be deprived of life, liberty, or property, without due process of law"). When President Obama's administration sanctioned theassassinationof Anwar Al-Awlaki, it violated this Constitutional clause. Awlaki, a U.S. Citizen, was assinated without due process; he was never indicted or tried for any of the supposed crimes he was assinated for. Hence, he was deprived of life without due process of law, which is an egregious violation of the Constitution. How has the Obama Administration been allowed to do this? Can't the Supreme Court step in? How about the Attorney General? Oh, wait, he was nominated by the President himself. Talk about conflict of interest. :roll:

Cenk Uygur talks about the assasination here.

Another example of Obama's violation of the Constitution was his sanctioning of U.S. Military involvement in Libya. He never got Congressional approval.

So, considering these examples, how has he not been indicted? WTF is happening to the U.S.? Doesn't anyone have any respect for the Constitution?

According to the Attorney General, Eric Holder "due process" doesn't necessarily mean "judicial process", i.e. targets like Awlaki and others aren't killed without process, the Executive branch is supposed to go through a process to ensure that there is sufficient evidence to kill them. That being said if Awalki was on U.S. soil, or in places with a large U.S. troop presence such as Iraq a few years ago, we should've arrested him. But I think it was not feasible to arrest him in Yemen.

As for the Libya thing, the War Powers Act allows the President to use military force for a certain period (I think 60 days, it might be 90 days) without Congressional Approval. Also Obama justified U.S. involvement as fulfilling "treaty obligations" because we were supporting NATO (The North Antlantic Treaty Organization). The thing I can't figure out is why people accuse Bush's invasion of Iraq as being "illegal" when he got Congressional Authorization to do so, and yet they defend Obama's involvement in Libya which was not approved by Congress.

I vehemently disagreed with the war in Iraq, but I agree that Bush wen through the right channels. My gripe has always been that it was based on false information, and the people like Dick Cheyney, who are very war-mongering, we pushing and pushing until Bush caved.

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#109 whipassmt
Member since 2007 • 15375 Posts

[QUOTE="whipassmt"]

[QUOTE="King-Kai"]

I'm going to be honest and say that I have a positive bias toward Obama since he's a Democrat and not a crazed Republican. However, after considering a few actions which his administration has taken, I've come to wonder why he hasn't been indicted or impeached by now. His administration has violated the Constitution numerous times, in the most heinous manner on each occasion. For example, the Fifth Amendment states the following:

Fifth Amendment: [quote="United States Constitution"]No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.jimkabrhel

Take specific note of the portion that is in bold font (i.e. "nor be deprived of life, liberty, or property, without due process of law"). When President Obama's administration sanctioned theassassinationof Anwar Al-Awlaki, it violated this Constitutional clause. Awlaki, a U.S. Citizen, was assinated without due process; he was never indicted or tried for any of the supposed crimes he was assinated for. Hence, he was deprived of life without due process of law, which is an egregious violation of the Constitution. How has the Obama Administration been allowed to do this? Can't the Supreme Court step in? How about the Attorney General? Oh, wait, he was nominated by the President himself. Talk about conflict of interest. :roll:

Cenk Uygur talks about the assasination here.

Another example of Obama's violation of the Constitution was his sanctioning of U.S. Military involvement in Libya. He never got Congressional approval.

So, considering these examples, how has he not been indicted? WTF is happening to the U.S.? Doesn't anyone have any respect for the Constitution?

According to the Attorney General, Eric Holder "due process" doesn't necessarily mean "judicial process", i.e. targets like Awlaki and others aren't killed without process, the Executive branch is supposed to go through a process to ensure that there is sufficient evidence to kill them. That being said if Awalki was on U.S. soil, or in places with a large U.S. troop presence such as Iraq a few years ago, we should've arrested him. But I think it was not feasible to arrest him in Yemen.

As for the Libya thing, the War Powers Act allows the President to use military force for a certain period (I think 60 days, it might be 90 days) without Congressional Approval. Also Obama justified U.S. involvement as fulfilling "treaty obligations" because we were supporting NATO (The North Antlantic Treaty Organization). The thing I can't figure out is why people accuse Bush's invasion of Iraq as being "illegal" when he got Congressional Authorization to do so, and yet they defend Obama's involvement in Libya which was not approved by Congress.

I vehemently disagreed with the war in Iraq, but I agree that Bush wen through the right channels. My gripe has always been that it was based on false information, and the people like Dick Cheyney, who are very war-mongering, we pushing and pushing until Bush caved.

The problem is that Intel is never one hundred percent right, what we thought we knew back then is not what we think we know now and neither may be what we will know in the future.

As for Cheney, I don't think he's a "war-monger". Remember in 1991 he opposed invading Iraq saying "Once you've got Baghdad, it's not clear what you do with it. It's not clear what kind of government you would put in place of the one that is currently there. ... How much credibility is that government going to have if it's set up by the United States military when it's there? ... I think to have American military forces engaged in a civil war inside Iraq would fit the definition of quagmire, and we have absolutely no desire to get bogged down in that fashion."

Of course my point made earlier is that even if you think the Iraq war was bad policy, you can't impeach Bush over policy. Presidents can only be impeached for doing illegal things.

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#110 The-Apostle
Member since 2004 • 12197 Posts
You could've come up with better examples, you know... Especially since Obama walks on the Constitution all the time.
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#111 spazzx625
Member since 2004 • 43433 Posts
You could've come up with better examples, you know... Especially since Obama walks on the Constitution all the time.The-Apostle
Ok, what are some better examples then?
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#112 The-Apostle
Member since 2004 • 12197 Posts

[QUOTE="The-Apostle"]You could've come up with better examples, you know... Especially since Obama walks on the Constitution all the time.spazzx625
Ok, what are some better examples then?

Okay... Obamacare is a good example. Like forcing us to pay for healthcare or fine us. Then there's the whole trying to force religious institutions to give free contraception to poor women debacle and when that doesn't work forcing their healthcare services to do it. Also forcing Texas to get rid of the ban on giving contraception for free... I believe those are the most recent ones.

And whatever happened to your mod status? I believe I asked once but you never answered. You were one of the better ones.

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#113 chessmaster1989
Member since 2008 • 30203 Posts
[QUOTE="spazzx625"][QUOTE="The-Apostle"]You could've come up with better examples, you know... Especially since Obama walks on the Constitution all the time.The-Apostle
Ok, what are some better examples then?

Okay... Obamacare is a good example. Like forcing us to pay for healthcare or fine us. Then there's the whole trying to force religious institutions to give free contraception to poor women debacle and when that doesn't work forcing their healthcare services to do it. Also forcing Texas to get rid of the ban on giving contraception for free... I believe those are the most recent ones. And whatever happened to your mod status? I believe I asked once but you never answered.

Do you have arguments for why each of these is unconstitutional?
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deactivated-5b78379493e12

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#114 deactivated-5b78379493e12
Member since 2005 • 15625 Posts

[QUOTE="spazzx625"][QUOTE="The-Apostle"]You could've come up with better examples, you know... Especially since Obama walks on the Constitution all the time.The-Apostle
Ok, what are some better examples then?

Okay... Obamacare is a good example. Like forcing us to pay for healthcare or fine us. Then there's the whole trying to force religious institutions to give free contraception to poor women debacle and when that doesn't work forcing their healthcare services to do it. Also forcing Texas to get rid of the ban on giving contraception for free... I believe those are the most recent ones. And whatever happened to your mod status? I believe I asked once but you never answered.

The constitutionality of Obamacare will be determined this year by the SCOTUS. Many of the contraception rules that are such an issue were already in place in many states and their constitutionality was never in question. The President went about annoucing the rule in the wrong way, but it was already on the books in many areas, and in more strict versions. In many state, there was no opt out at all.

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#115 spazzx625
Member since 2004 • 43433 Posts

[QUOTE="spazzx625"][QUOTE="The-Apostle"]You could've come up with better examples, you know... Especially since Obama walks on the Constitution all the time.The-Apostle

Ok, what are some better examples then?

Okay... Obamacare is a good example. Like forcing us to pay for healthcare or fine us. Then there's the whole trying to force religious institutions to give free contraception to poor women debacle and when that doesn't work forcing their healthcare services to do it. Also forcing Texas to get rid of the ban on giving contraception for free... I believe those are the most recent ones.

And whatever happened to your mod status? I believe I asked once but you never answered. You were one of the better ones.

None of that is unconstitutional though. Also, having health care cover people giving birth costs thousands, if not tens of thousands of dollars. I don't see why contraception should be eliminated when it is much cheaper, safer, and doesn't apply to everyone. I quit being a mod like a year ago.
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#116 whipassmt
Member since 2007 • 15375 Posts

[QUOTE="The-Apostle"][QUOTE="spazzx625"] Ok, what are some better examples then?jimkabrhel

Okay... Obamacare is a good example. Like forcing us to pay for healthcare or fine us. Then there's the whole trying to force religious institutions to give free contraception to poor women debacle and when that doesn't work forcing their healthcare services to do it. Also forcing Texas to get rid of the ban on giving contraception for free... I believe those are the most recent ones. And whatever happened to your mod status? I believe I asked once but you never answered.

The constitutionality of Obamacare will be determined this year by the SCOTUS. Many of the contraception rules that are such an issue were already in place in many states and their constitutionality was never in question. The President went about annoucing the rule in the wrong way, but it was already on the books in many areas, and in more strict versions. In many state, there was no opt out at all.

Actually most of the state laws mandating contraceptive coverage for all insurance plans did allow wider opt out, Obama's mandate is based on California's. For instance Obama's mandate requires that all "FDA approved contraceptives" including abortifacients such as Ella, Plan B and IUDs must be covered, while North Carolina's law specifically states that abortifacients like Plan B and IUDs are not covered. Another example is Connecticut's law, (which Sen. Lieberman says Obama should change the mandate so that it is similar to CT's law) which exempts all religious institutions and allows individuals to opt out of having their health-insurance cover the contraceptives, sterilizations and abortifacients if they feel these things violate their moral and religious beliefs. Also some of the states that current have these contraceptive mandates are in the process of repealing those mandates (Arizona and New Hampshire so far).

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#117 whipassmt
Member since 2007 • 15375 Posts

[QUOTE="The-Apostle"]

[QUOTE="spazzx625"] Ok, what are some better examples then?spazzx625

Okay... Obamacare is a good example. Like forcing us to pay for healthcare or fine us. Then there's the whole trying to force religious institutions to give free contraception to poor women debacle and when that doesn't work forcing their healthcare services to do it. Also forcing Texas to get rid of the ban on giving contraception for free... I believe those are the most recent ones.

And whatever happened to your mod status? I believe I asked once but you never answered. You were one of the better ones.

None of that is unconstitutional though. Also, having health care cover people giving birth costs thousands, if not tens of thousands of dollars. I don't see why contraception should be eliminated when it is much cheaper, safer, and doesn't apply to everyone. I quit being a mod like a year ago.

Well the courts will decide on the constitutionality of that soon enough.

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#118 The-Apostle
Member since 2004 • 12197 Posts
[QUOTE="The-Apostle"]

[QUOTE="spazzx625"] Ok, what are some better examples then?spazzx625

Okay... Obamacare is a good example. Like forcing us to pay for healthcare or fine us. Then there's the whole trying to force religious institutions to give free contraception to poor women debacle and when that doesn't work forcing their healthcare services to do it. Also forcing Texas to get rid of the ban on giving contraception for free... I believe those are the most recent ones.

And whatever happened to your mod status? I believe I asked once but you never answered. You were one of the better ones.

None of that is unconstitutional though. Also, having health care cover people giving birth costs thousands, if not tens of thousands of dollars. I don't see why contraception should be eliminated when it is much cheaper, safer, and doesn't apply to everyone. I quit being a mod like a year ago.

How is it legal to fine us for not having health care? Also, I was talking about contraception from a religious standpoint. Many religious institutions believe it's a violation of their religion to be forced to provide contraception.
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#119 TopTierHustler
Member since 2012 • 3894 Posts

[QUOTE="spazzx625"][QUOTE="The-Apostle"] Okay... Obamacare is a good example. Like forcing us to pay for healthcare or fine us. Then there's the whole trying to force religious institutions to give free contraception to poor women debacle and when that doesn't work forcing their healthcare services to do it. Also forcing Texas to get rid of the ban on giving contraception for free... I believe those are the most recent ones.

And whatever happened to your mod status? I believe I asked once but you never answered. You were one of the better ones.

The-Apostle

None of that is unconstitutional though. Also, having health care cover people giving birth costs thousands, if not tens of thousands of dollars. I don't see why contraception should be eliminated when it is much cheaper, safer, and doesn't apply to everyone. I quit being a mod like a year ago.

How is it legal to fine us for not having health care? Also, I was talking about contraception from a religious standpoint. Many religious institutions believe it's a violation of their religion to be forced to provide contraception.

Which is stupid on every level.

Rule of thumb; clearly stupid views should be ignored.

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#120 Heisenderp
Member since 2011 • 815 Posts
[QUOTE="King-Kai"]

[QUOTE="spazzx625"] As I already pointed out...No, it's not.spazzx625

He ordered the assasination of a U.S. Citizen who was never proven to be an actual member of the faction the U.S. is currently at war with. His adminitration claims to have secret evidence which justifies the assasiantion, but have not revealed it. We're supposed to just believe them? That's absurd; they could be lying.

If the information could potentially be dangerous to the safety of the US...Then they don't need to show any evidence. I really don't see what dots are you trying connect here. Yes, they could be lying...Or they could be telling the truth.

You have no clue on how the the justice system in pretty much every democratic country works, do you? Do the concepts of burden of proof and reasonable doubt ring a bell?
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#121 pie-junior
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How is it legal to fine us for not having health care?The-Apostle

Congress has the vested authority, under the constitutional Commerce Clause, to regulate interstate commerce. It also has the Necessary and proper clause to enact acts that are N&P to carry out an enumerated power, like the CC.

The individual mandate is obviously necessary for the healthcare program to succeed.

ok?

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#122 The-Apostle
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[QUOTE="The-Apostle"] How is it legal to fine us for not having health care?pie-junior

Congress has the vested authority, under the constitutional Commerce Clause, to regulate interstate commerce. It also has the Necessary and proper clause to enact acts that are N&P to carry out an enumerated power, like the CC.

The individual mandate is obviously necessary for the healthcare program to succeed.

ok?

You're right. However, it is the individual mandate (forcing us to either pay for healthcare or pay a fine) that is not legal. And because that is what is highly necessary for Obamacare to work, that's what makes Obamacare unconstitutional.
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#123 chessmaster1989
Member since 2008 • 30203 Posts
[QUOTE="pie-junior"]

[QUOTE="The-Apostle"] How is it legal to fine us for not having health care?The-Apostle

Congress has the vested authority, under the constitutional Commerce Clause, to regulate interstate commerce. It also has the Necessary and proper clause to enact acts that are N&P to carry out an enumerated power, like the CC.

The individual mandate is obviously necessary for the healthcare program to succeed.

ok?

You're right. However, it is the individual mandate (forcing us to either pay for healthcare or pay a fine) that is not legal. And because that is what is highly necessary for Obamacare to work, that's what makes Obamacare unconstitutional.

Admittedly I'm no constitutional scholar, but I fail to see how the healthcare bill as a whole would be deemed unconstitutional if the individual mandate was. Certainly, the bill would have significant problems without the individual mandate, but not constitutional ones.
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#124 whipassmt
Member since 2007 • 15375 Posts

[QUOTE="The-Apostle"][QUOTE="spazzx625"] None of that is unconstitutional though. Also, having health care cover people giving birth costs thousands, if not tens of thousands of dollars. I don't see why contraception should be eliminated when it is much cheaper, safer, and doesn't apply to everyone. I quit being a mod like a year ago.TopTierHustler

How is it legal to fine us for not having health care? Also, I was talking about contraception from a religious standpoint. Many religious institutions believe it's a violation of their religion to be forced to provide contraception.

Which is stupid on every level.

Rule of thumb; clearly stupid views should be ignored.

It is not the government's role to determine what religious beliefs are "stupid" or not, or to force people/institutions to violate their religious beliefs. The First Amendment prohibits the government from impinging upon the free exercise of religion.

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#125 TopTierHustler
Member since 2012 • 3894 Posts

[QUOTE="TopTierHustler"]

[QUOTE="The-Apostle"] How is it legal to fine us for not having health care? Also, I was talking about contraception from a religious standpoint. Many religious institutions believe it's a violation of their religion to be forced to provide contraception.whipassmt

Which is stupid on every level.

Rule of thumb; clearly stupid views should be ignored.

It is not the government's role to determine what religious beliefs are "stupid" or not, or to force people/institutions to violate their religious beliefs. The First Amendment prohibits the government from impinging upon the free exercise of religion.

Sure it is, part of the governments job is to improve the well being of it's citizens. Discouraging STD transmission and Births out of wedlock are both positives. You'd have to be stupid to think other wise.

For examples of the stupidity of the consequences of the churches stupidity just look at the millions in Africa that have been infected as a result of their no contraceptive policy.

Trust those dying Africans, Contraceptives are a positive thing.

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chessmaster1989

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#126 chessmaster1989
Member since 2008 • 30203 Posts

[QUOTE="TopTierHustler"]

[QUOTE="The-Apostle"] How is it legal to fine us for not having health care? Also, I was talking about contraception from a religious standpoint. Many religious institutions believe it's a violation of their religion to be forced to provide contraception.whipassmt

Which is stupid on every level.

Rule of thumb; clearly stupid views should be ignored.

It is not the government's role to determine what religious beliefs are "stupid" or not, or to force people/institutions to violate their religious beliefs. The First Amendment prohibits the government from impinging upon the free exercise of religion.

Of course there are limitations on religious expression. Whether or not it was part of my religious beliefs, I couldn't engage in ritual sacrifice - that is a clear violation of my (hypothetical) religious beliefs, but it's clearly not allowed.

The First Amendment isn't a blanket protection of all religious freedoms, nor should it be.

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whipassmt

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#127 whipassmt
Member since 2007 • 15375 Posts

[QUOTE="The-Apostle"] How is it legal to fine us for not having health care?pie-junior

Congress has the vested authority, under the constitutional Commerce Clause, to regulate interstate commerce. It also has the Necessary and proper clause to enact acts that are N&P to carry out an enumerated power, like the CC.

The individual mandate is obviously necessary for the healthcare program to succeed.

ok?

Since when is forcing people to buy something regulating commerce? Regulating commerce has traditionally meant regulating things that people choose to purchase, not forcing them to purchase. As Senator Obama said in 2008 while criticizing the individual mandate as proposed by Senator Clinton :

"[Hillary Clinton] mandates that everybody buy health care. She'd have the government force every individual to buy insurance and I don't have such a mandate … Well, if things were that easy, I could mandate everybody to buy a house, and that would solve the problem of homelessness. It doesn't."

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pie-junior

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#128 pie-junior
Member since 2007 • 2866 Posts

[QUOTE="pie-junior"]

[QUOTE="The-Apostle"] How is it legal to fine us for not having health care?The-Apostle

Congress has the vested authority, under the constitutional Commerce Clause, to regulate interstate commerce. It also has the Necessary and proper clause to enact acts that are N&P to carry out an enumerated power, like the CC.

The individual mandate is obviously necessary for the healthcare program to succeed.

ok?

You're right. However, it is the individual mandate (forcing us to either pay for healthcare or pay a fine) that is not legal. And because that is what is highly necessary for Obamacare to work, that's what makes Obamacare unconstitutional.

The mandate is constitutional because it's N&P, not the other way around. SCOTUS can't strike down congressional acts because "they don't work".

Why don't we go at it in a different way- you tell me what grounds you have to strike down the AHCA. you are the claimant, and we are talking constitutional law; there's a prima facie assumprtion of constitutionality that needs to be countered.

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whipassmt

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#129 whipassmt
Member since 2007 • 15375 Posts

[QUOTE="The-Apostle"][QUOTE="pie-junior"]

Congress has the vested authority, under the constitutional Commerce Clause, to regulate interstate commerce. It also has the Necessary and proper clause to enact acts that are N&P to carry out an enumerated power, like the CC.

The individual mandate is obviously necessary for the healthcare program to succeed.

ok?

chessmaster1989

You're right. However, it is the individual mandate (forcing us to either pay for healthcare or pay a fine) that is not legal. And because that is what is highly necessary for Obamacare to work, that's what makes Obamacare unconstitutional.

Admittedly I'm no constitutional scholar, but I fail to see how the healthcare bill as a whole would be deemed unconstitutional if the individual mandate was. Certainly, the bill would have significant problems without the individual mandate, but not constitutional ones.

If the individual mandate is found to be unconstitutional, then the Court would have to rule on its "Severability". If the mandate is not integral to the whole law, just the mandate will be struck down, if it is found to be integral, the whole law will be struck down.

However if the mandate is so crucial to the law's running, if the mandate is struck down and the law as a whole is allowed, Congress will probably then repeal the entire law (they have allready repealed some part of it and Obama did sign that repeal into law last year).

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whipassmt

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#130 whipassmt
Member since 2007 • 15375 Posts

[QUOTE="whipassmt"]

[QUOTE="TopTierHustler"]Which is stupid on every level.

Rule of thumb; clearly stupid views should be ignored.

TopTierHustler

It is not the government's role to determine what religious beliefs are "stupid" or not, or to force people/institutions to violate their religious beliefs. The First Amendment prohibits the government from impinging upon the free exercise of religion.

Sure it is, part of the governments job is to improve the well being of it's citizens. Discouraging STD transmission and Births out of wedlock are both positives. You'd have to be stupid to think other wise.

For examples of the stupidity of the consequences of the churches stupidity just look at the millions in Africa that have been infected as a result of their no contraceptive policy.

Trust those dying Africans, Contraceptives are a positive thing.

Contraceptives do not prevent STDs they even say so in their commercials ("the pill does not protect against HIV or other sexually transmitted diseases"). Also access to contraception is pretty widespread even without this mandate, as most insurance plans do cover it, the only ones that do not are mostlythe ones purchased by religious institutions.

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whipassmt

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#131 whipassmt
Member since 2007 • 15375 Posts

[QUOTE="whipassmt"]

[QUOTE="TopTierHustler"]Which is stupid on every level.

Rule of thumb; clearly stupid views should be ignored.

chessmaster1989

It is not the government's role to determine what religious beliefs are "stupid" or not, or to force people/institutions to violate their religious beliefs. The First Amendment prohibits the government from impinging upon the free exercise of religion.

Of course there are limitations on religious expression. Whether or not it was part of my religious beliefs, I couldn't engage in ritual sacrifice - that is a clear violation of my (hypothetical) religious beliefs, but it's clearly not allowed.

The First Amendment isn't a blanket protection of all religious freedoms, nor should it be.

There are reasonable limitations on any right. However the government cannot lightly limit those rights (freedom of speech, of religion etc.) it needs real important reasons (a "compelling interest"). In the case of human sacrifice of course the government can limit that because that is killing people. The government does not have a sufficient compelling interest to force religious institutions to pay for contraceptives (by the way the nation's Catholic bishops have already indicated that if Obama's mandate stays in place they will not comply with it), when contraceptives are not essential health-care and when they are readily available.

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chessmaster1989

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#132 chessmaster1989
Member since 2008 • 30203 Posts

[QUOTE="TopTierHustler"]

[QUOTE="whipassmt"] It is not the government's role to determine what religious beliefs are "stupid" or not, or to force people/institutions to violate their religious beliefs. The First Amendment prohibits the government from impinging upon the free exercise of religion.

whipassmt

Sure it is, part of the governments job is to improve the well being of it's citizens. Discouraging STD transmission and Births out of wedlock are both positives. You'd have to be stupid to think other wise.

For examples of the stupidity of the consequences of the churches stupidity just look at the millions in Africa that have been infected as a result of their no contraceptive policy.

Trust those dying Africans, Contraceptives are a positive thing.

Contraceptives do not prevent STDs they even say so in their commercials ("the pill does not protect against HIV or other sexually transmitted diseases"). Also access to contraception is pretty widespread even without this mandate, as most insurance plans do cover it, the only ones that do not are mostlythe ones purchased by religious institutions.

Uhh, several forms of contraception (e.g. condoms) most certainly do help prevent STDs. Wtf are you talking about?

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whipassmt

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#133 whipassmt
Member since 2007 • 15375 Posts

[QUOTE="whipassmt"]

[QUOTE="TopTierHustler"]Sure it is, part of the governments job is to improve the well being of it's citizens. Discouraging STD transmission and Births out of wedlock are both positives. You'd have to be stupid to think other wise.

For examples of the stupidity of the consequences of the churches stupidity just look at the millions in Africa that have been infected as a result of their no contraceptive policy.

Trust those dying Africans, Contraceptives are a positive thing.

chessmaster1989

Contraceptives do not prevent STDs they even say so in their commercials ("the pill does not protect against HIV or other sexually transmitted diseases"). Also access to contraception is pretty widespread even without this mandate, as most insurance plans do cover it, the only ones that do not are mostlythe ones purchased by religious institutions.

Uhh, several forms of contraception (e.g. condoms) most certainly do help prevent STDs. Wtf are you talking about?

And that form of contraception is not covered by this mandate, which only covers "women's preventive services". Also sterilizations and abortifacients do not prevent disease.

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chessmaster1989

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#134 chessmaster1989
Member since 2008 • 30203 Posts

[QUOTE="chessmaster1989"]

[QUOTE="whipassmt"] It is not the government's role to determine what religious beliefs are "stupid" or not, or to force people/institutions to violate their religious beliefs. The First Amendment prohibits the government from impinging upon the free exercise of religion.

whipassmt

Of course there are limitations on religious expression. Whether or not it was part of my religious beliefs, I couldn't engage in ritual sacrifice - that is a clear violation of my (hypothetical) religious beliefs, but it's clearly not allowed.

The First Amendment isn't a blanket protection of all religious freedoms, nor should it be.

There are reasonable limitations on any right. However the government cannot lightly limit those rights (freedom of speech, of religion etc.) it needs real important reasons (a "compelling interest"). In the case of human sacrifice of course the government can limit that because that is killing people. The government does not have a sufficient compelling interest to force religious institutions to pay for contraceptives (by the way the nation's Catholic bishops have already indicated that if Obama's mandate stays in place they will not comply with it), when contraceptives are not essential health-care and when they are readily available.

In your opinion yes, I personally would disagree.

If Obama's mandate stays in place and the bishops do not comply, they'll probably face legal consequences.

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pie-junior

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#135 pie-junior
Member since 2007 • 2866 Posts

Regulating commerce has traditionally meant regulating things that people choose to purchase, not forcing them to purchase.

whipassmt

Buying insurance isn't really a choice between purchasing or not purchasing- it's a choice between self-insurance or "regular" insurance. Most people who don't insure themselves have large amounts of their health care payments pushed on hospitals and insurance companies, not to mention other detriments to the social welfare by untreated sick people.

The uninsured cause the american economy billions of dollars of damage; that's why it falls under the CC- and that's the outcome that would,most likely, be reached by SCOTUS. All of this is in the congressional findings regarding this act.

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coolbeans90

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#136 coolbeans90
Member since 2009 • 21305 Posts

[QUOTE="The-Apostle"][QUOTE="pie-junior"]

Congress has the vested authority, under the constitutional Commerce Clause, to regulate interstate commerce. It also has the Necessary and proper clause to enact acts that are N&P to carry out an enumerated power, like the CC.

The individual mandate is obviously necessary for the healthcare program to succeed.

ok?

chessmaster1989

You're right. However, it is the individual mandate (forcing us to either pay for healthcare or pay a fine) that is not legal. And because that is what is highly necessary for Obamacare to work, that's what makes Obamacare unconstitutional.

Admittedly I'm no constitutional scholar, but I fail to see how the healthcare bill as a whole would be deemed unconstitutional if the individual mandate was. Certainly, the bill would have significant problems without the individual mandate, but not constitutional ones.

IIRC, it lacks a severance clause -- meaning as a matter of legal technicality, if the individual mandate is ruled unconstitutional, the entire bill is.

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Franklinstein

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#137 Franklinstein
Member since 2004 • 7017 Posts

You have to be a citizen to enjoy those rights.

TopTierHustler
That's actually not true. At least according to James Madison in The Federalists papers...
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whipassmt

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#138 whipassmt
Member since 2007 • 15375 Posts

[QUOTE="whipassmt"]

[QUOTE="chessmaster1989"]

Of course there are limitations on religious expression. Whether or not it was part of my religious beliefs, I couldn't engage in ritual sacrifice - that is a clear violation of my (hypothetical) religious beliefs, but it's clearly not allowed.

The First Amendment isn't a blanket protection of all religious freedoms, nor should it be.

chessmaster1989

There are reasonable limitations on any right. However the government cannot lightly limit those rights (freedom of speech, of religion etc.) it needs real important reasons (a "compelling interest"). In the case of human sacrifice of course the government can limit that because that is killing people. The government does not have a sufficient compelling interest to force religious institutions to pay for contraceptives (by the way the nation's Catholic bishops have already indicated that if Obama's mandate stays in place they will not comply with it), when contraceptives are not essential health-care and when they are readily available.

In your opinion yes, I personally would disagree.

If Obama's mandate stays in place and the bishops do not comply, they'll probably face legal consequences.

Obama's not gonna go around throwing bishops in jail for disobeying his mandate. He's not gonna shut down Catholic schools and hospitals. Technically if religious organizations don't comply they will be fined, but if Catholic schools and hospitals start going bankrupt because of these fines than Obama will have created a political and economic nightmare that would severely decrease people's access to basic health-care in the United States and pretty much force him or his successor to back down.

Really though, this mandate will not stand as there are enough democrats that oppose it. In the Senate 3 Democrats have voted to undo the mandate, Lieberman also wants more religious exemptions and opposes the current mandate (he wants it to be based on CT's mandate law which exempts religious institutions and allows individuals to opt out), Biden was critical of the mandate as well.

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chessmaster1989

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#139 chessmaster1989
Member since 2008 • 30203 Posts

[QUOTE="chessmaster1989"]

[QUOTE="whipassmt"] There are reasonable limitations on any right. However the government cannot lightly limit those rights (freedom of speech, of religion etc.) it needs real important reasons (a "compelling interest"). In the case of human sacrifice of course the government can limit that because that is killing people. The government does not have a sufficient compelling interest to force religious institutions to pay for contraceptives (by the way the nation's Catholic bishops have already indicated that if Obama's mandate stays in place they will not comply with it), when contraceptives are not essential health-care and when they are readily available.

whipassmt

In your opinion yes, I personally would disagree.

If Obama's mandate stays in place and the bishops do not comply, they'll probably face legal consequences.

Obama's not gonna go around throwing bishops in jail for disobeying his mandate. He's not gonna shut down Catholic schools and hospitals. Technically if religious organizations don't comply they will be fined, but if Catholic schools and hospitals start going bankrupt because of these fines than Obama will have created a political and economic nightmare that would severely decrease people's access to basic health-care in the United States and pretty much force him or his successor to back down.

Really though, this mandate will not stand as there are enough democrats that oppose it. In the Senate 3 Democrats have voted to undo the mandate, Lieberman also wants more religious exemptions and opposes the current mandate (he wants it to be based on CT's mandate law which exempts religious institutions and allows individuals to opt out), Biden was critical of the mandate as well.

Kind of depressing if they can break the law with impugnity because of political reasons, don't you think?

Anyway, if it gets overturned, that's that.

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whipassmt

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#140 whipassmt
Member since 2007 • 15375 Posts

[QUOTE="whipassmt"]

[QUOTE="chessmaster1989"]

In your opinion yes, I personally would disagree.

If Obama's mandate stays in place and the bishops do not comply, they'll probably face legal consequences.

chessmaster1989

Obama's not gonna go around throwing bishops in jail for disobeying his mandate. He's not gonna shut down Catholic schools and hospitals. Technically if religious organizations don't comply they will be fined, but if Catholic schools and hospitals start going bankrupt because of these fines than Obama will have created a political and economic nightmare that would severely decrease people's access to basic health-care in the United States and pretty much force him or his successor to back down.

Really though, this mandate will not stand as there are enough democrats that oppose it. In the Senate 3 Democrats have voted to undo the mandate, Lieberman also wants more religious exemptions and opposes the current mandate (he wants it to be based on CT's mandate law which exempts religious institutions and allows individuals to opt out), Biden was critical of the mandate as well.

Kind of depressing if they can break the law with impugnity because of political reasons, don't you think?

Anyway, if it gets overturned, that's that.

No. Because it's an unjust law and it shoudln't be followed. Mala lex, nulla lex.

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chessmaster1989

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#141 chessmaster1989
Member since 2008 • 30203 Posts

[QUOTE="chessmaster1989"]

[QUOTE="whipassmt"] Obama's not gonna go around throwing bishops in jail for disobeying his mandate. He's not gonna shut down Catholic schools and hospitals. Technically if religious organizations don't comply they will be fined, but if Catholic schools and hospitals start going bankrupt because of these fines than Obama will have created a political and economic nightmare that would severely decrease people's access to basic health-care in the United States and pretty much force him or his successor to back down.

Really though, this mandate will not stand as there are enough democrats that oppose it. In the Senate 3 Democrats have voted to undo the mandate, Lieberman also wants more religious exemptions and opposes the current mandate (he wants it to be based on CT's mandate law which exempts religious institutions and allows individuals to opt out), Biden was critical of the mandate as well.

whipassmt

Kind of depressing if they can break the law with impugnity because of political reasons, don't you think?

Anyway, if it gets overturned, that's that.

No. Because it's an unjust law and it shoudln't be followed. Mala lex, nulla lex.

*shrugs* agree to disagree
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chessmaster1989

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#142 chessmaster1989
Member since 2008 • 30203 Posts

[QUOTE="chessmaster1989"][QUOTE="The-Apostle"] You're right. However, it is the individual mandate (forcing us to either pay for healthcare or pay a fine) that is not legal. And because that is what is highly necessary for Obamacare to work, that's what makes Obamacare unconstitutional.coolbeans90

Admittedly I'm no constitutional scholar, but I fail to see how the healthcare bill as a whole would be deemed unconstitutional if the individual mandate was. Certainly, the bill would have significant problems without the individual mandate, but not constitutional ones.

IIRC, it lacks a severance clause -- meaning as a matter of legal technicality, if the individual mandate is ruled unconstitutional, the entire bill is.

Interesting, didn't know that.
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TopTierHustler

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#143 TopTierHustler
Member since 2012 • 3894 Posts

[QUOTE="TopTierHustler"]

[QUOTE="whipassmt"] It is not the government's role to determine what religious beliefs are "stupid" or not, or to force people/institutions to violate their religious beliefs. The First Amendment prohibits the government from impinging upon the free exercise of religion.

whipassmt

Sure it is, part of the governments job is to improve the well being of it's citizens. Discouraging STD transmission and Births out of wedlock are both positives. You'd have to be stupid to think other wise.

For examples of the stupidity of the consequences of the churches stupidity just look at the millions in Africa that have been infected as a result of their no contraceptive policy.

Trust those dying Africans, Contraceptives are a positive thing.

Contraceptives do not prevent STDs they even say so in their commercials ("the pill does not protect against HIV or other sexually transmitted diseases"). Also access to contraception is pretty widespread even without this mandate, as most insurance plans do cover it, the only ones that do not are mostlythe ones purchased by religious institutions.

LMAO, what do you think a condom is? Never used one I assume?

Now as much as the church likes to pretend they control people lives and that people's sex lives, they don't, people are going to have sex, and the only way STD and unwanted pregnancies are going to be stopped are contraceptives. If unavailiable, guess what is going to happen.

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whipassmt

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#144 whipassmt
Member since 2007 • 15375 Posts

[QUOTE="whipassmt"]

[QUOTE="TopTierHustler"]Sure it is, part of the governments job is to improve the well being of it's citizens. Discouraging STD transmission and Births out of wedlock are both positives. You'd have to be stupid to think other wise.

For examples of the stupidity of the consequences of the churches stupidity just look at the millions in Africa that have been infected as a result of their no contraceptive policy.

Trust those dying Africans, Contraceptives are a positive thing.

TopTierHustler

Contraceptives do not prevent STDs they even say so in their commercials ("the pill does not protect against HIV or other sexually transmitted diseases"). Also access to contraception is pretty widespread even without this mandate, as most insurance plans do cover it, the only ones that do not are mostlythe ones purchased by religious institutions.

LMAO, what do you think a condom is? Never used one I assume?

They are not covered by this mandate, which applies only to "preventive health care" for women, not for men. And no I haven't.

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TopTierHustler

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#145 TopTierHustler
Member since 2012 • 3894 Posts

[QUOTE="TopTierHustler"]

[QUOTE="whipassmt"] Contraceptives do not prevent STDs they even say so in their commercials ("the pill does not protect against HIV or other sexually transmitted diseases"). Also access to contraception is pretty widespread even without this mandate, as most insurance plans do cover it, the only ones that do not are mostlythe ones purchased by religious institutions.

whipassmt

LMAO, what do you think a condom is? Never used one I assume?

They are not covered by this mandate, which applies only to "preventive health care" for women, not for men. And no I haven't.

They are going to lower rates of cancer and unwanted pregnancies, that by itself justifies use. Like I said earlier, it is the job of the government to try and improve citizens lives, and this policy clearly would.

Unwanted pregnancies early in life lower the quality of life for the ramainder of ones life, and raise crime rates and abortion rates.

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scoots9

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#146 scoots9
Member since 2006 • 3505 Posts

Because we only impeach for blowjobs these days.

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Banjo_Kongfooie

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#147 Banjo_Kongfooie
Member since 2007 • 3838 Posts

I would be upset to as a Right winger.

Much older yet still looks younger than Palin.

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whipassmt

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#148 whipassmt
Member since 2007 • 15375 Posts

[QUOTE="whipassmt"]

[QUOTE="TopTierHustler"]LMAO, what do you think a condom is? Never used one I assume?

TopTierHustler

They are not covered by this mandate, which applies only to "preventive health care" for women, not for men. And no I haven't.

They are going to lower rates of cancer and unwanted pregnancies, that by itself justifies use. Like I said earlier, it is the job of the government to try and improve citizens lives, and this policy clearly would.

Unwanted pregnancies early in life lower the quality of life for the ramainder of ones life, and raise crime rates and abortion rates.

say what about birth-control preventing cancer?Also the overall effect of Obama's mandate would be to harm American's health-care as many religious institutions have said they will not comply and thus fining religious hospitals into bankruptcy would greatly harm access to health-care.

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#149 King-Kai
Member since 2012 • 934 Posts

I would be upset to as a Right winger.

Much older yet still looks younger than Palin.

Banjo_Kongfooie

She looks roughly the same age as Pailin. However, that arm...my God, that f*kin' hand.

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Banjo_Kongfooie

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#150 Banjo_Kongfooie
Member since 2007 • 3838 Posts

She looks roughly the same age as Pailin. However, that arm...my God, that f*kin' hand.

King-Kai

Shut up I liked that eyes in her picture there are more photos if the arm bothers you... Do you know how old Madonna is, she looks like she is 30.

Liberal women look better usually that is a fact. Hollywood women are mostly liberal and they are gorgeous. We get to pick from buffet and you get women that act manly and are boring (Palin).