Legal Question in Constitutional Law in Iowa

If the State that you live in fails to challenge the constitutionality and the violation of the rights afforded to them under the Federal and State constitution and the Bill of rights. to protect the rights of the citizens of the respective state From the Health Care Bill , does that mean that the citizens may sue in a class-action the Gov. and or The Attorney Gen of the State for being Derelict of its duties as Representative of the State Constitution and welfare and rights of the people?


Asked on 4/04/10, 9:32 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

What do you not understand about the power of congress to pass legislation under the necessary and proper clause or the supremacy clause or the interstate commerce clause? or, for that matter the police power to regulate for the general health, welfare, safety and morals-all of which predates the constitution and can probably be traced back to the 13th century? None of this is trumped by the tenth amendment either.

As long as you as a person are not injured by this legislation you don't yet have standing and therefore do not have a dog in this particular fight, either.

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Answered on 4/09/10, 12:46 pm


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