This would also apply to CPS legislation - Congressional schemes to federalize state health care lawsuits always have been constitutionally suspect. What Title V Would Do: The bill would rewrite personal injury law extensively, and not just in federal courts administering federal law. It would intrude on state courts applying state law. For example, the bill requires state judges and juries to adopt federal standards of proof, federal standards of guilt, federal damage rules, and federal deadlines. It imposes rules for attorneys’ fees that override both state law and private contracts. It even mandates that some useful information be withheld from juries.Why Title V Violates the Founders’ Design: If there is one thing that can be asserted with absolute confidence about the American Founding, it is this: Federal control over state judges, state juries, and state tort law is emphatically NOT what the Founders intended. The Constitution created a federal government limited to enumerated (listed) powers, and the Founders did not design those powers to include federal control of state civil justice. The evidence on this point is overwhelming. The Obamacare Case, Why Title V Likely Violates Modern Commerce Power Doctrine. tenthamendmentcenter/2013/10/22/federal-tort-reform-bill-unconstitutional/#.UmyKg1OFmkx
Posted on: Sun, 27 Oct 2013 03:44:54 +0000
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