Is signing up for Obamacare a legal trap to surrender your rights?

12-3-13 | johnwk

[JOHN W K]

I believe there is a principle of law under which a person may unwittingly waive constitutional rights. An example of this is when invoking the 5th Amendment right against self incrimination. One may waive this right by answering any questions rather than repeatedly invoking the right when asked questions.

Does this apply to the Obamacare website, and once a person signs up, they actually place themselves under the federal government’s jurisdiction with regard to Obamacare by signing up and in the process waive constitutionally protected rights?

It seems to me that there is no provision in our federal Constitution granting authority to our federal government to regulate the American People’s personal medical and health care decisions. In fact the court has stated A legislative act which "impinges upon a fundamental right explicitly or implicitly secured by the Constitution is presumptively unconstitutional." See: Harris v. McRae United States Supreme Court (1980) Also see City of Mobile v. Bolden, 466 U.S. 55, 76, 100 S.Ct. 1490, 64 L.Ed.2d 47 (1980)

However, if one voluntarily signs up for Obamacare, do they, at this point in time, waive their fundamental right to make their own medical and health care decisions and choices?

JWK

"The mere chilling of a Constitutional right by a penalty on its exercise is patently unconstitutional." Shapiro v. Thompson, 394 U.S. 618

[ogen hal]

Yes.

[ReformationFan]

Of course it is. It’s what the left does best. And for our “common good.”

[SecondAmendment]

You already do this filing an income tax return.

[smoothsailing]

Obama’s version of the Roach Motel.

[G Larry]

LIving under Obama’s rule is “a legal trap to surrender your rights”.

[sport]

I would say yes. But hell, the majority of those who voted in On November 4, 2008 said, via their votes, this was what they wanted. And on November 6, 2012, they reaffirmed it.

[Tula Git]

Hacker’s delight.

[jsanders2001]

> You already do this filing an income tax return.

This takes it yo a whole new level though.

[jsanders2001]

> You already do this filing an income tax return.

This takes it to a whole new level though.

[P.O.E.]

Constitution, Shmonstitution.

Just gimmee free stuff.

[grania]

Yes. That's why I don't have Medicare Parts B and D and before that stopped seeing the doctor my HMO provided. Someone else besides me would be paying to evaluate my personal medical needs. With Medicaid and subsidies, I'd think the government owns a person's medical decisions.

I'm wondering if Obamacare is going to be something where once you sign up you can never leave. Nobody has talked about that; how does someone get out once they've signed up?

[goodnesswins]

You die

[smoothsailing]

[sport]

You are correct in your assessment. just gimmiee the free stuff. That is all Obama’s disciples and worshipers care about, me free stuff, me free stuff, me free stuff. Unfortunately, there age getting to be more of them each day and less of us.

[sport]

When they put you in a hole six feet deep, or as Phil Robertson said, “They just bury you four and a half feet now to save money.”

[Sacajaweau]

pretty much....you're giving them all your bank accts, asset info and access to your 1040's....without limitation.

Medicare has a look back to protect old assets. No such protection under Obamacare.

[Sacajaweau]

You’re right...When folks find out that that penalty doubles and triples and quadruples and want to get out of this bad deal, who the hell knows if someone will take you.

[P.O.E.]

One cannot defy the law of gravity (or economics) forever.

[Faith65]

bkmk