How much of Bernie Sanders' platform is constitutionally questionable?
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
April 29, 2024, 02:01:19 PM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Discussion
  Constitution and Law (Moderator: Okay, maybe Mike Johnson is a competent parliamentarian.)
  How much of Bernie Sanders' platform is constitutionally questionable?
« previous next »
Pages: [1]
Author Topic: How much of Bernie Sanders' platform is constitutionally questionable?  (Read 3066 times)
Blue3
Starwatcher
Atlas Icon
*****
Posts: 12,057
United States


Show only this user's posts in this thread
« on: November 02, 2015, 02:01:34 AM »
« edited: November 02, 2015, 02:03:44 AM by Blue3 »

How much of Bernie Sanders' platform is constitutionally questionable, or flat-out unconstitutional?

Such as his ideas on single-payer, free college, government reform, etc.

I think the constitutional question is currently being overlooked in the Bernie Sanders discussion. I won't pretend I'm an expert. But with how many times ObamaCare has been challenged, or even the old campaign finance laws before Citizens United, it's probably worth considering if any of it would be certain or have a good chance of being thrown out even if it does get passed.
Logged
Stand With Israel. Crush Hamas
Ray Goldfield
Junior Chimp
*****
Posts: 7,812


Show only this user's posts in this thread
« Reply #1 on: November 02, 2015, 10:17:18 AM »

Most of them could be done with simple laws, including single-payer and free college. There's a good deal that would require amendments he would never get, though.
Logged
SteveRogers
duncan298
YaBB God
*****
Posts: 4,189


Political Matrix
E: -3.87, S: -5.04

Show only this user's posts in this thread
« Reply #2 on: November 02, 2015, 01:17:40 PM »

I don't see any major constitutional problem with either single-payer or free college. If medicare is constitutional, then medicare for all is constitutional, and a law establishing such a system wouldn't necessarily need to make private insurance illegal per se, although the practical effect would be to make most private insurers obsolete except for some supplemental coverage.

Free college doesn't really pose any constitutional issue. As I understand Sanders's plan, the government would just pay the tuition for everyone attending public universities. Unreasonably expensive, probably? Unconstitutional, nah.
Logged
Ebsy
Junior Chimp
*****
Posts: 8,001
United States


Show only this user's posts in this thread
« Reply #3 on: November 02, 2015, 02:29:19 PM »

His only way to enact his policies, through the unilateral dissolution of Congress and rule be presidential decree, is likely unconstitutional.
Logged
Enduro
Junior Chimp
*****
Posts: 5,073


Show only this user's posts in this thread
« Reply #4 on: November 02, 2015, 03:41:54 PM »

According to the 10th admendment, most of it is illegal.
Logged
Famous Mortimer
WillipsBrighton
Junior Chimp
*****
Posts: 6,010
United States


Show only this user's posts in this thread
« Reply #5 on: November 03, 2015, 02:03:06 AM »

According to the 10th admendment, most of it is illegal.

According to that interpretation, almost every government program is unconstitutional. The point is, the stuff Bernie is proposing is no more "unconstitutional" than any number of other federal programs which the Supreme Court has allowed to keep existing.
Logged
🦀🎂🦀🎂
CrabCake
Atlas Icon
*****
Posts: 19,269
Kiribati


Show only this user's posts in this thread
« Reply #6 on: November 03, 2015, 06:45:48 AM »

The obviously unconstitutional one is campaign finance restrictions obviously.
Logged
SteveRogers
duncan298
YaBB God
*****
Posts: 4,189


Political Matrix
E: -3.87, S: -5.04

Show only this user's posts in this thread
« Reply #7 on: November 04, 2015, 08:29:28 PM »

The obviously unconstitutional one is campaign finance restrictions obviously.


Well his website says:
Quote
You must be logged in to read this quote.

So his platform doesn't actually involve proposing any unconstitutional legislation on the issue.
Logged
SteveRogers
duncan298
YaBB God
*****
Posts: 4,189


Political Matrix
E: -3.87, S: -5.04

Show only this user's posts in this thread
« Reply #8 on: November 07, 2015, 08:46:29 PM »

The obviously unconstitutional one is campaign finance restrictions obviously.


Well his website says:
Quote
You must be logged in to read this quote.

So his platform doesn't actually involve proposing any unconstitutional legislation on the issue.

Which he would only need 1936 political conditions to maybe do...

Not denying that.
Logged
Pages: [1]  
« previous next »
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.025 seconds with 11 queries.