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Old September 9 2013, 01:42 AM   #11
Captrek
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Re: If you were to create a 28th amendment.

Not according to SCOTUS, which upheld the PPACA.

The Constitutionality of a single-payer system has not been directly addressed by the courts, but I think it would be rather non-controversial among legal scholars, since it would be not very different from other forms of welfare which have been upheld. The General Welfare (Taxing and Spending) and Necessary and Proper clauses should suffice. It is politics, not Constitutional limits on federal power, that has so far thwarted the public option and single payer.
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