Mar 25, 2010

Cox is called out on his attempt to gain political points

Michigan Attorney General and Republican Gubernatorial Candidate ‘Manoogian’ Mike Cox is being called out by the Governor on his blatant political move to join the lawsuit with 12 other Republican AG’s to challenge the constitutionally of the health care insurance reform bill signed into law by the President on Tuesday.

I’m not an attorney, but the Michigan Constitution does not say much abut the AG’s duties, other than its part of the executive branch of government. And, as such, the AG represents the governor and the people.

He’s certainly not speaking for the governor who supports the law, and he’s certainly not acting fro the citizens of Michigan who overwhelmingly voted for the President who was clear about his plan to reform the broken health care insurance system.

The Governor – a former AG - sent Cox a letter that specifically directs him to "intervene in the Florida litigation on behalf of the governor, the state of Michigan, and the Michigan Department of Community Health to uphold the recently enacted federal health care legislation and to protect and preserve the important protections afforded to our state and its citizens by the new law."

The letter went on further to say, "Your statutory authority does not, however, override the superior constitutional authority vested in the governor to determine the position to be taken by the executive branch of state government and certainly does not authorize you, as attorney general, to unilaterally, and without consultation, to determine and declare the policy position of the state of Michigan.”

The simple fact is the move was just to curry favor with the extreme teaqbaggers who control the Republican Party as Cox tries to win the primary election for Governor and has to play to the extreme base to get elected. The law is clearly constitutional.

Multiple provisions of the Constitution permit Congress to enact this reform legislation. As long ago as 1944, the Supreme Court held that the business of insurance fell within Congress’ regulatory authority under the Commerce Clause, as well as Congress’ authority to tax and spend for the general welfare. Nothing since undercuts the authority of Congress to legislate in this area. No provision of the Bill of Rights, or text found elsewhere in the Constitution, acts to prohibit Congress from enacting the healthcare reform legislation.

And legal commentators, including conservative scholars, are therefore uniformly saying that any lawsuit to stop it will undoubtedly fail. And in any event, the legislation only "compels" coverage in the sense that it places a tax on non-insured individuals. Is the federal government "compelling" me to buy a house, since as a renter I don't get the mortgage tax breaks? Is it "preventing" me from buying alcohol because it has a tax on alcohol? The conservatives are asking the judiciary to interfere in the political process, which they constantly claim to be against.

10 comments:

Not Anonymous said...

This is the job description of the Michigan attorney General according to the Civil Service:

"JOB DESCRIPTION
Employees in this job function as Attorney General Investigators performing investigative assignments in an area of the state. The employee, as a trained law enforcement officer, certified through the Michigan Commission on Law Enforcement Standards (MCOLES), investigates alleged criminal violations involving state and federal laws, rules, and regulations."

I guess Granholm is just showing her ignorance yet again.

Communications guru said...

Try looking in the Michigan Constitution. No where in the Michigan Constitution or your description do I see where it says he can advocate for a position the executive or its citizens do not hold just to further his political ambitions.

Not Anonymous said...

Nowhere in any of Cox's statements has he claimed that he's doing this for political ambitions.

If that remains your position, then lame duck jenny is only advocating her position because she's trying to get a job in the Obummer Administration.

Communications guru said...

Stop playing dumb, anonymous, or perhaps you’re not playing. This is pure election politics, and he’s playing to extremists like you to get votes in the primary. No, Michigan citizens, as well as the majority of Michigan’s Congressional delegation supports the health care insurance reform law.

That’s Obama Administration, and lame duck ‘Manoogian’ Mike is trying to get another job in government.

Not Anonymous said...

Let's see. Cox is a Republican. Republicans don't want this tyrannical health care usurpation of America. But, Cox is not allowed to be against this socialization of health care. He's only allowed to be considered as political gamesmanship to further his career. Yet, the Governor who has taken this state down to the status of third world countries is pure and innocent and not looking for employment in 10 months when she's finally unemployed.

Good thing I don't consider you logical at all because you're making assumptions for those you don't like, but not allowing the same assumptions for the criminals that you're in bed with.

You really shouldn't worry. The racist Obummer will hire the worst governor in the country for his administration. He's good at hiring inferior morons and socialists. Hey, maybe he'd even hire you.

Not Anonymous said...

My mistake. You'd never apply for a job in the Obummer administration. You'd then be required to pay for you own health care and that of your family out of your own pocket, not to mention you may actually have to work.

On the other hand, he hired and tried to hire some tax cheats, so you may be able to get a job without providing health care to your family. Oh wait. You'd still have a choice because the Obummer administration and Congress and their staff are exempt from the health care laws that are being forced on the people.

Communications guru said...

Let's see. ‘Manoogian’ Mike is a Republican, and he’s against the bill that will help millions of Americans because Republicans want health insurance reform to be President Obama’s Waterloo. In fact, they have publicly said that. By playing this political game he is hoping to get votes in the primary election.

The Governor did not create the worst national recession since the Great Depression that led people to stop buying the products that Michigan’s largest employer makes; automobiles, Bush did. The fact is the bill is not only Constitutional, but the majority of Michigan’s Congressional delegation voted for it, and President Obama won this state overwhelming. ‘Manoogian’ Mike has no reason or authority to join a small minority of AGs and filing this frivolous lawsuit.

What criminals am I in bed with, anonymous? The ones throwing bricks through the windows of Democratic offices or the ones making physical threats against members of Congress?

If you want to see racists, go to a “tea party.”

Communications guru said...

Well, I know I won this debate again. So you have to stoop to the false – and of course anonymous - personal attacks when you can’t win on the facts, again. Keep up the great work, anonymous.

Not Anonymous said...

Bricks through the window are definitely illegal. Shooting bullets through the offices of others is illegal (as happened at Congressman Eric Cantor). But there is no proof of any of the threats you're talking about. Bart Stupak hasn't proven any. Nor have the racist comments been proven, nor the "faggot" comment at Barney Frank.

But where were you complaining about the wheel chair bound guy at the town hall that was beaten up by the SEIU thug? Where were you when Bush/Cheney campaign offices were shot at? Where were you when the bomb threat on the Tea Party office was placed last fall?

This is appearing more and more like the Democrats (Hoyer, Clymer, et al) creating this to deflect attention away from how much this bill is hated around the country.

I can't wait for November when the Democrats lose a record number of seats and the socialist Democrats will be whining that the election was rigged.

Johnny C said...

Oh man not anyomous you don't let a good right wing taking point get in the way of reality. All that we're going to win, and don't whine when we win stuff is a joke.. Um dude what's the Republicans are going to run on? Let me check and see is this a positive or a negative

1.record number of filibusters.

2.No new ideas other than tax cuts for rich people.. Ask those people in Virgina and New Jersey who's governors are cutting social services and giving tax cuts to the wealthiest in that state.

3.Saying no to everything even tho Democrats went out their way for some strange reason and included some of the Republican ideas in bills.

4.Inciting right wing violence..

5.Guru,me and other sane people know if this health care bill was hell on Earth as Republicans claim it was, there is not a doubt in anyone's mind the Republicans would let it passed.

6. Republicans are standing with the big banks on financial reform.


Damn I named six things and those six things are negatives for the Republican. I have no doubt Republicans will win seats but I don't see the tidal wave because polls still show people think your party still suck ass. And any gains you make in 2010 will be gone in 2012.