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  Bono vs. ? (search mode)
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Author Topic: Bono vs. ?  (Read 1754 times)
True Federalist
Ernest
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« on: February 05, 2005, 01:58:39 pm »

I'm presuming that the version here is the version that passed.  What follows is my opinion

Sections 1 and 3  would be constitutional under a broad interpretation of section 1 clause 16 of the Powers amendment.  Whether clause 16 can be interpreted that broadly is something the Court will need to decide.  A broad interpretation of section 1 clause 9 of the Powers amendment would help support the constututionality of section 1 of the Act, but would not be enough by itself,

Section 2 is clearly constitutional under section 1 clause 14 of the Powers amendment, insofar as it related to the treatment of infectious disease.  It would require a overly broad intrepretation of that clause to extend that clause to other forms of health care assistanc, especially given the explit narrow scope of clause 14.

Section 4 is constitutional to the extent that sections 1, 2, and 3 are found to be constitutional.

As written, section 5 is unconstitutional.  If it were limited in scope, child care assistance could be constitutional, but I don't see anything that makes a generic child care subsidy constitutional

Section 6 is clearly constitutional under section 1 clause 15 of the Powers amendment.
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