Uh, uh, let me be clear - no.
Posted on 09/15/2009 5:46:09 PM PDT by reaganaut1
Many liberals lambasted the Bush administration on detention policy and warrantless surveillance, often arguing that they violated the Constitution. Now the Obama administration is pushing ahead with plans to require every American to purchase health insurance.
Doesn't that also violate the Constitution?
The Constitution created a federal government limited to its enumerated powers. Everything Congress is allowed to do is spelled out in Article I. The 10th Amendment makes it explicit: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
Nothing in the Constitution authorizes any federal involvement in healthcare – yet Congress may soon require everyone in America to buy insurance.
Admittedly, the Supreme Court has ruled that the language empowering Congress to "regulate Commerce ... among the several States" applies to an ever-broadening range of activity. The "commerce" clause was originally intended to prohibit interstate tariffs, a supposed problem under the Articles of Confederation.
Ironically, consumers today cannot freely buy health insurance from across state lines. If there's any legitimate application of the "commerce" clause, it would be to overturn such restrictions. But the framers never gave Congress the general power to regulate industry.
In the 1935 case Schecter v. United States, involving farming regulations, the court unanimously struck down parts of the National Industrial Recovery Act for overstepping Congress's commerce power. Liberal Justice Louis Brandeis informed one of President Franklin Roosevelt's aides to "tell the president that we're not going to let this government centralize everything."
The next year, the court ruled in Butler v. United States that elements of the Agricultural Adjustment Act, which inflated food prices by restricting supply, violated the 10th Amendment.
(Excerpt) Read more at news.yahoo.com ...
Yes, silly. He “can”. But “MAY HE?”
Not if I’m living under a bridge.
When did either party pay attention to the Constitution?
If you pay Federal taxes, the Feds will probably require proof of insurance when you file.
They may also want to know how many guns you own, how many pets, children under the age of 18, and if you are sexually active. On page 3 they may ask for your mistress’s name and address so they can tax your gifts to her.
Can the American people hang members of Congress in the town square?
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;
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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.
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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.
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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.
I feel so much MORE SECURE, esp in-the-wallet, with gov’t. “helping” me.
...[not]
He has no more right to force people to buy health insurance than he did to fire the president of GM and nationalize GM, hand over billions in GM stock to the labor unions, dictate bankruptcy terms to Chrysler, bail out Goldman Sachs, hand out billions to subsidize new car purchases and any of the other socialist changes he plans on forcing on the USA.
But so far no one except a few million middle class whites have the sense and the spine to oppose him.
Hey, I'm a brown (Asian Indian) who is opposing him.
We can thank His Illegitimacy for breaching the subject of mandatory health insurance, actually comparing it to state requirements that licensed drivers carry liability insurance, last week before Congress. Personally, I'm glad he did so, since I suspect this may have been the end game all along.
And I couldn't be happier to see the constitutionality of this coming into focus. Everyone seemed to be so concerned about the, so-called, "public option," I was beginning to wonder if opponents of federal health care would ever clue into the mandatory requirement.
It's difficult to get people to understand how wrong this is, on so many levels, not to mention the constitutional question. I think this will be the end game, and the GOP, including Snowe and Collins in the Senate, had better see the same monolithic opposition to this requirement (which would only apply to the law-abiding, making those who refuse to comply criminals) they have seen to "the public option" of the Republicans will be marching lock step with the Democrats to the signing ceremony.
That would be a mistake. People like me, for example, would finally be forced to change our registration, having held out to the bitter end.
I am willing to go to jail, because I won't pay the fine. Plus, it just won't work, no more than Communism on any level will work.
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration.
They will increase your income tax and give you a deduction or exemption for having health insurance. Fait accompli. If you don't think this amendment took away all of our constitutional rights just ask someone from a 501 c(3) organization what the IRS will due if they dare use their free speech right in the political arena.
Scotus will not have jurisdiction to say a peep about Obamacare.
I may catch hell for this but I’m going to post this anyway.
If one accepts the premise that we cannot, in good conscience, turn away the sick and injured from emergency rooms and we will treat those who cannot pay for medical care with the same level of care as those who can pay, then the only sensible thing to do is mandate that all Americans have health insurance. Those who can afford it should be required to buy it and those who truly can’t afford it should have it subsidized in whole or in part.
Since medical insurance that covers catastrophic need is voluntary, yet everyone knows you can’t be denied care because of lack of insurance, this means that tens of millions of Americans choose to gamble that they don’t need it, and when some of them do end up needing it the cost of their care gets passed on to those who do carry insurance (and their premiums go up) and to the taxpayer (and their taxes go up).
The so called “reform” that Democrats are pushing is a giant step backwards. They want the government to take over the whole system and this is just socialist twaddle that should be left to fade away into the dustbin of history. What I’m advocating with mandatory insurance is a real reform that leaves health care entirely up to the free market. Insurance companies can compete with each other for the best deals for their customers but we should realistically only be using health insurance to cover catastrophic needs - not for routine or trivial health care (that’s where private health savings accounts are a useful idea).
The important point is this needn’t be a Constitutional issue as long as the free market is working and the government isn’t the one we citizens are going to for our health care or for our insurance.
My pre-existing condition and having had three heart attacks already keeps me from being able to afford health insurance. I should be a supporter of whatever I could get. Odumbo can keep it.
NONE of the Dr,s I’ve seen ever showed me any solutions. I’ve had to find out for myself other options. Thank God FOX NEWS is set as my homepage where an ad caught my eye. EDTA chelation therapy is cheap enough to pay cash for on ANY budget and it works, clears the arteries better than liquid drano clears a drain. Problem solved.
Q. Why didn’t the Docs mention this?
A. It doesn’t pay off to the cardiovascular racket.
I don’t trust Dr,s, I dam sure don’t trust the govt.
If I’m forced to partake in obamacare or pay a ridiculous fine, that’s the day I finally tell them to shove it and I stop paying taxes.
Come frickin get me! I’ll claim it’s against my second ammendment right to freedom of religion to use modern medicine. LOL
Uh, uh, let me be clear - no.
“Hey, I’m a brown (Asian Indian) who is opposing him.”
Wecome aboard!
Let me correct my statement:
“But so far no one seems to have the sense and the spine to oppose Obama except for a few million middle class whites, blacks and hispanics, a brown Asian Indian, a Lithiuanian, two Bosnians, a Russian named Boris and two hot Cuban girls from South Florida.”
He may be able to force the individual States to mandate it the way the federal government forced them to mandate speed limits - by threatening to withhold federal $ if they don’t.
Briefs asking SCOTUS to revisit Schecter may bring some sanity back to this madness. Sick chickens could sink a sick health care plan.
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