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Is Health Care Reform Constitutional?
IBD Editorials ^ | September 16, 2009 | INVESTORS BUSINESS DAILY Staff

Posted on 09/16/2009 5:56:58 PM PDT by Kaslin

Federal Powers: Where in the U.S. Constitution does it say the government can force people to buy health insurance? And by what authority does it prohibit the purchasing of insurance across state lines?


A key part of the administration's plan to reform health care is what is called the "individual mandate" — a requirement that everyone must have health insurance either through his or her employer or purchased individually.

A good chunk of the uninsured are that way of their own volition. They are young and healthy and feel they have better things to do with their money at this point in their lives. Forcing them is the only way to get them covered, but it's not clear where the constitutional authority to do that comes from.

The Constitution specifically enumerates the powers given to each branch of government and says that any powers not mentioned revert to the states and to the people. Nowhere does it say that the feds can compel you to buy health insurance. But then, this is the administration that claims the right to a de facto nationalization of the banking system and auto industry, to set executive compensation and to fire corporate officers.

(Excerpt) Read more at ibdeditorials.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; Government; Philosophy; US: Texas
KEYWORDS: 10th; 10thamendment; 111th; bho44; bhofascism; bhohealthcare; commercelause; constitution; constitutional; dearleader; donttreadonme; federalism; givemeliberty; govthealthcare; healthcare; healthinsurance; hr3200; ibd; individualmandate; insurance; livingconstitution; mandate; mandates; medicalrecords; nannystate; obama; obamacare; phantomuninsured; privateinsurance; rickperry; scotus; socializedmedicine; sovreignty; states; statesrights; tenthamendment; unconstitutional; uninsured; wethepeople

1 posted on 09/16/2009 5:56:58 PM PDT by Kaslin
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To: bareford101; BerniesFriend; blaveda; Bookwoman; Celeste732; dsc; Faux_Pas; fortunecookie; ...

2 posted on 09/16/2009 5:58:15 PM PDT by Kaslin (Acronym for 0bama: One Big Ass Mistake America)
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To: Kaslin

The Constitution became irrelevant to the government a very, very looong time ago.


3 posted on 09/16/2009 5:58:32 PM PDT by Rodebrecht (Those who can make you believe absurdities can make you commit atrocities.)
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To: Kaslin

Why, the same part of the Constitution that says that growing wheat for your own consumption affects interstate commerce, therefore can be regulated by the central government.


4 posted on 09/16/2009 6:05:01 PM PDT by SandWMan ( A riot ist an ugly sing, und, I sink it's about time zat ve had vone!)
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To: Kaslin

no its not constitutional...
anyone watching hannity?


5 posted on 09/16/2009 6:06:16 PM PDT by dalebert
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To: Kaslin
Is Health Care Reform Constitutional?

LOL. Why would we make and exception for Health Care? Of course it's unconstitutional. Congress doesn't care. The Supremes don't care. With the exception of the military there is very little that the Federal Government does that would past muster with those who wrote the Constitution.

6 posted on 09/16/2009 6:07:02 PM PDT by InterceptPoint
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To: Kaslin

I don’t think the Constitution gives the government the authority to tax the populace so our “deer leaders” can “compete” with the private sector using taxpayer dollars. If CommieCare passes, everyone from BO on down should be tried under the RICO Act and sent to prison.


7 posted on 09/16/2009 6:12:34 PM PDT by FlingWingFlyer (Americans! "Behaving badly" since April 19, 1775!)
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To: FlingWingFlyer

The charges should be high treason.


8 posted on 09/16/2009 6:17:26 PM PDT by SandWMan ( A riot ist an ugly sing, und, I sink it's about time zat ve had vone!)
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hell no it isnt constitutional, and im at a loss as to why any one wont bring this rather salient point up to our congress....


9 posted on 09/16/2009 6:58:06 PM PDT by raygunfan
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To: Kaslin
"I won it all. Deal with it"


10 posted on 09/16/2009 6:59:27 PM PDT by Iron Munro ("You can't kill the beast while sucking at its teat." - Claire Wolfe)
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To: Rodebrecht
The Constitution became irrelevant to the government a very, very looong time ago.

FDR gave it a good stomping.

11 posted on 09/16/2009 7:07:28 PM PDT by Graybeard58 ( Selah.)
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To: Graybeard58

He buried it, Lincoln killed it.


12 posted on 09/16/2009 7:19:02 PM PDT by Rodebrecht (Those who can make you believe absurdities can make you commit atrocities.)
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To: Kaslin

NO!


13 posted on 09/16/2009 9:21:31 PM PDT by Salvation ("With God all things are possible." Matthew 19:26)
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To: Kaslin

Good grief. Since when is anything that this government does Constitutional?


14 posted on 09/16/2009 9:55:16 PM PDT by gorilla_warrior (Metrosexual hairless RINOs for hopey-changey bipartisan-ness)
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To: All
Looking for sources that ObamaCare is unconstitutional?

Article I Section 8, Federalist No. 45, and the Tenth Amendment - the usurpation of power by Congress

US Constitution
Article I - The Legislative Branch
Section 8 - Powers of Congress
17 Sep 1797

Taxing and Spending Clause – Article I, Section 8 of the US Constitution is sometimes referred to as the "The Taxing and Spending Clause". It's intent is to grant Congress the power to impose taxes for paying for three general areas:

(1) pay off the Debt incurred during the war for independence, (2) provide for national Defense, and (3) provide for the general Welfare. The first paragraph reads as follows: (first paragraph) The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

========================================

SOURCE America, they're lying to you - Congress doesn't have the Constitutional authority
America's Independent Party ^ | August 20, 2009 | Bob Bailey
FR Posted on Thursday, August 20, 2009 by EternalVigilance

It is difficult to understand how our national leaders can pass many of the laws they do given they have no authority to do so. It is also difficult to understand how everything seems to have been turned upside down -- what use to mean one thing now means the opposite. Well, here are the facts regarding the intent of the Constitution and how politicians attempt to convince us they are operating within its confines.

============================================

SOURCE "Texans Against Government Controlled Health Care"
http://www.notintexas.org/

Facts about the 10th Amendment:

The Tenth Amendment (Amendment X) of the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791.

The Tenth Amendment restates the Constitution’s principle of Federalism by providing that powers not granted to the national government nor prohibited to the states are reserved to the states or the people.

====================================

UPDATE---TEXAS BILL HCR 50 HAS PASSED THE HOUSE 99-36.

(a) Affirms that the State of Texas claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the U.S. Constitution;

(b) Serves notice to the federal government to cease and desist certain mandates, and providing that certain federal legislation be prohibited or repealed.

15 posted on 09/17/2009 1:02:03 AM PDT by Liz
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To: Kaslin

No. And, HR3200 will destroy global medicine as well:

http://www.realclearmarkets.com/articles/2009/09/23/hr_3200_will_collapse_global_medicine_97423.html


16 posted on 09/23/2009 2:12:45 PM PDT by givemELL (Does Taiwan Meet the Criteria to Qualify as an "Overseas Territory of the United States"? by Richar)
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