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Debate Info

4
7
Yes No
Debate Score:11
Arguments:11
Total Votes:11
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Argument Ratio

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 Yes (3)
 
 No (5)

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daver(1771) pic



SCOTUS rewriting laws for Congress

Do you agree that SCOTUS has become a rubber-stamp for the ACA? Have they sidestepped their responsibility to interpret the Constitution and focused on the "Intent of Congress" as their guide? Should not the intent of Congress be questioned when a totally partisan bill of this magnitude is passed? 

Yes

Side Score: 4
VS.

No

Side Score: 7
2 points

YES

They first explained how a penalty was not a penalty, but a tax. Now they ignore what is written in the law, to explain what the lawmakers meant to say but didn't.

They assume that laws passed by Congress are somehow to be blindly supported by tortured interpretation of intent rather than its content.

Side: Yes
1 point

Have they sidestepped their responsibility to interpret the Constitution and focused on the "Intent of Congress" as their guide?

So do you or do you not want them to focus on the intent of Congress?

Side: No
2 points

SCOTUS has always judged laws by intent. In fact, all laws are judged by intent, even for non-Constitutional matters.

I am sure you have heard of Jim Crow laws. They were overturned because the intent was to discriminate against a specific minority.

Side: No
daver(1771) Clarified
1 point

Yeah well, in this case the intent was to expand government control. To force people to buy healthcare insurance. To take from the haves a give to the have nots. To reduce the cost of nothing and simply place another burden on taxpayers in an effort to spread the wealth.

But your point is correct. :( Soooooooo yeah.

Side: Yes
1 point

Enough with the fire and brimstone. The point was to increase healthcare coverage across the country for the betterment of the United States. That included forcing people to buy healthcare and subsidizing costs for the poor, but that was not the "intent". This is simply a bad piece of legislation, not some evil boogeyman.

Side: Yes
flewk(1193) Clarified
1 point

I was just arguing against the premise of this debate. Laws are also judged by intent and it is the SCOTUS's obligation to do so.

Side: Yes

First, a bill being partisan has nothing to do with the Constitutionality of it. Second, the SCOTUS did rule based on the intent of Congress, considering how Congress had intended to pass legislation that provided healthcare to the entire country, not to provide 50 separate possible regional markets that were to be approved by the states.

I may not like the ACA, but they ruled correctly here.

Side: No
1 point

Sometimes an unbalanced Congress (You can read that any way you like), is a Congress AGAINST the wishes of the majority. If the SCOTUS sees this, and it should, it should lean toward "WE, the people", not the "unbalanced Congress"!

Side: No
1 point

Why? The SCOTUS is not meant to be a democratically-oriented body, so why would they take into consideration popular opinion when determining the Constitutionality of an issue?

Side: Yes
AlofRI(3294) Disputed
1 point

Every part of the government should respect the wishes of "we, the people". Otherwise, they can do whatever THEY want, screw us, just like the Fascists and Communists do. Not what I want. Whatever its "orientation" it should represent the people.

Side: No