QUESTION: Is the Madate to Purchase Insurance the ONLY Unconstitutional Provision of the Bill?

March 22, 2010

[MrChips]

I am curious about the unconstitutionality of the Health Care Bill. We all know that there will be court challenges to the provision requiring Americans to purchase insurance. But, are there other parts of the Bill which violate the Constitution and could be challenged in court?

[Favor Center]

Considering the federal government has no enumerated power to meddle in health care at the individual level, the whole thing is unconstitutional.

Not that that argument has gotten any traction in decades.

[Favor Center]

Considering the federal government has no enumerated power to meddle in health care at the individual level, the whole thing is unconstitutional.

Not that that argument has gotten any traction in decades.

[EBH]

This might help you out:

http://www.resistnet.com/video/know-the-truth-about-the-1

[MrChips]

Thanks

[Frantzie]

The one part forcing people to buy insurance should be enough. It would be nice if they find more sections and push for a fasttrack to SCOTUS to gut this thing.

[kaehurowing]

I have a problem with the one fining employers if any of their employees goes out and buys private insurance. I don’t see how you can hold someone liable for another person’s conduct, especially where I bet the employer does not have the ability to tell the employee not to do it.

[Nachoman]

I think this argument will get shot down. The gov’t mandates we buy a retirement and disability program called Social Security. Oh, I forgot, federal workers are exempt.

[NoobRep]

You cannot tax people solely as a means of controlling conduct that the government cannot otherwise reach through the commerce clause or any other constitutional provision.

I think there is definitely something to be said as well for violation of privacy rights and equal protection clause. After all, Amish and the idiots in Washington are also exempt from the bill.

[Renderofveils]

The gov’t mandates we buy a retirement and disability program called Social Security.

Actually, the government mandates that we pay a Social Security Tax. The myth that it's a trust fund, insurance, or any other rainy day savings can be popped by looking back at the Court rulings on the Railroad Retirement Act. FDR sold Social Security as an insurance to the public, then argued to the courts that it was nothing but a tax in order to maintain its "constitutionality."

[E. Pluribus Unum]

The one part forcing people to buy insurance should be enough.

Absolutely.

If not, then basically the Constitution puts no limits to federal power, which is certainly not true.

[Man50D]

It’s Unconstitutional due to Article 1 Section 8 not specifically granting Congress the power to regulate health care. Therefore this is a power reserved to the states per the 10th Amendment. The people are not bound to comply with an unconstitutional act of Congress.

[Wooly]

The mandate is one. The fact that the IRS is now going to be used outside of it's original power could be another one. Sharing of income and other personal data is one. Regulating Doctors and health care providers to the point that hey are pseudo federal employees that did not get anything from the federal government is basically stealing intellectual property or indentured servitude. Even the idea of taxing for the purpose of providing a service without providing that service for a number of years is probably a point that could be argued.
This bill will not be in force for quite a while to come. It is my belief that Obama knows it has a high possibility of being declared unconstitutional and that was why he dressed down the Supreme Court Justices during the State of the Union. This way he can say that the Court robbed the left of health care. It is a way to save his own elected skin in 2012 even though he will have shot all the other democrats in the back

[Mr. Wright]

Section. 8.

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;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;—And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

SEE IF YOU CAN FIND ANYTHING ABOUT RUNNING THE U.S. HEALTHCARE SYSTEM IN THE ABOVE POWERS OF THE CONGRESS.

[ml/nj]

My guess is that almost all of it is unconstitutional. But I only looked at one page. That page says effectively that emergency rooms have to provide "interpreters" and "translation services." There is no way any Constitutional provision can allow Congress to force me or my business to accommodate people who do not speak my language. We would apparently need a Constitutional Amendment to force Governments to conduct their business exclusively in English, but it's okay to pass a law demanding that private businesses be able to conduct business in the language of any non-English speaking customer who knocks on their door. I don't think so.

ML/NJ

[GeronL]

Does it matter any more what is Constitutional? Is 90% of the FedGov constitutional?

All tax and spending bills must originate in the House.

right?

[NoobRep]

http://spectator.org/blog/2009/12/22/conservative-leaders-against-t

[Frantzie]

Bingo! Many great points.

This one really stuck out and I thought so:

“Regulating Doctors and health care providers to the point that hey are pseudo federal employees that did not get anything from the federal government is basically stealing intellectual property or indentured servitude.”

Did Obama and the Dems reinstitute slavery for doctors or just serfdom?

Great post. Everyone should read it. Excellent.

[Favor Center]

Nowhere.

[Mr. Wright]

It is now time for all of us to mandate that the U.S. Congress
follow the requirements of the U.S. Constitution. Every bill, every action by these socialist radicals needs to be scrutinized very carefully. We must continue to demand that
illegals (who by the way broke the law to get here) are denied citizenship.