“Constitution”
The general Constitutionality of the PPACA comes from:
“to lay and collect taxes on incomes” [The mandate is actually a fine, but Congress easily could have written it as a tax like the Dutch legislature did]
“To regulate commerce...” [(the payment by insurance companies for) expensive drugs]
“To promote the progress of science...by securing for limited times to
...inventors the exclusive right to their...discoveries [the patents that allow drugs to be really expensive]
“all treaties made...under the authority of the United States shall be the supreme law of the land” [a treaty enshrines the patent system and costly drug patents]
Pre-existing condition exclusions are generally for those conditions that can often require long-term mental hospitalization or expensive drugs.
Insurance companies don’t want to pay for expensive patented (and other federally exclusive) drugs.
Insurer pre-existing condition exclusions are the health insurance companies’ counters to the exclusive rights of drug inventors.
People don’t want to pay for insurance that costs several times their actual risk, so they exclude health insurance companies (and drug inventors) by not buying coverage.
Every time a useful new drug is invented, the Article I Section 8 “for carrying to execution” factor gets triggered and the Democratic Congress got a legal opportunity to try to band-aid the health insurance system.
The University of California at San Francisco is a leading drug discovery and development center. San Francisco is home to many rich drug barons. San Francisco’s Nancy Pelosi rammed the PPACA through the House.
Article I Section 8 is by no means an orphan excuse. Think of the maelstrom created by the Commerce Clause (which I consider the worst offense.
This stops when we - WE conservatives stop giving a sh!t what Democrats have to say or bleat. It stops when we rescind their laws (even not replacing them at all with any door-prizes). It stops when Trump starts appointing conservative Federal Judges and the Senate confirms them. It starts when we get a cabinet not infected by racism and Islam. It starts when EVERY US Attorney in this country is summarily fired and EVERY political appointment Obama has made is likewise shown the door. It starts with a wholesale purge, frankly. It continues with a nomination for a Trump SC justice and a replacement for that cadaver Ginsberg when they pull the plugs on her.
And we need not be sorry or apologetic about any of it. They lost.