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Article 1, Section 8 - Obamacare lacks ground for a mandate
http://www.telegram.com/article/20091225/NEWS/912250358/1020 ^ | December 25, 2009

Posted on 12/25/2009 11:10:27 AM PST by free1977free

The Senate’s passage of a massive health-care reform bill yesterday morning was greeted by partisan applause by Democrats, but President Obama noted that “we now have to take up the last and most important step and reach an agreement on a final reform bill that I can sign into law.”

We don’t expect reconciling the House and Senate versions will prove all that difficult, but another aspect of Obamacare that deserves closer examination is whether it passes constitutional muster.

Republican senators Jim DeMint of South Carolina and John Ensign of Nevada this week offered an amendment stating Congress lacks power to force Americans to purchase any product from a private party. Predictably, it lost.

Still, it is a point well worth consideration. Article 1, Section 8 of the Constitution enumerates the powers of Congress. Nowhere does it list such powers as the House and Senate bills are about to grant to Washington.

The final negotiations to create a unified health-care bill may take some weeks yet, but whatever Congress settles upon and Mr. Obama signs, they are unlikely to dispense with the mandate that all Americans buy coverage. Mr. DeMint and Mr. Ensign have done the nation a service by raising the constitutional objection now, and forcing the Democratic majority to go on record for such a mandate.

Obamacare may someday prove to be everything its supporters contend — an expansion of coverage that cuts costs, improves lives and reduces the national deficit. We see it in exactly the opposite light. Time will tell.

But of this we are sure: No reform of health care can stand unless it is consistent with the Constitution. That reconciliation fight is one for another day, but that day is surely coming, and it may not be as far off as Democrats believe today.


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Government; News/Current Events; Politics/Elections
KEYWORDS: constitution; demint; ensign; healthcare; obama; obamacare; scotus; senate
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There will be SC court challenges where the most significant hurdle will be faced. It seems obvious that the key vote will be Justices Kennedy. As for Justice Stevens it is reasonable to expect him not to be around by the time a case on Obamacare works its way through to system to the SC. And it is quite within the realm of possibility that it will be post 2012 before the judicial outcome of Obamacare will be settled, thus making the 2010 and 2012 Senate elections a do or die mandate on this version of applied socialism. Ah... this is my first post on this poweful voice of Liberty!
1 posted on 12/25/2009 11:10:27 AM PST by free1977free
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To: free1977free

Let the states handle it first.


2 posted on 12/25/2009 11:13:51 AM PST by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: free1977free

Welcome to Free Republic...


3 posted on 12/25/2009 11:14:40 AM PST by Repeal The 17th (I AM JIM THOMPSON!)
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To: free1977free
We don’t expect reconciling the House and Senate versions will prove all that difficult, but another aspect of Obamacare that deserves closer examination is whether it passes constitutional muster.

???? Each version passed by the slimmest of margins and they are very different bills. How will the Dems resolve the abortion issue to satisfy both sides? What about a public option. Many in the house insist on a public option, while a couple in the Senate say they will flip if a public option is in the final bill. If anything is going to stop the bill, it will be differences on public financing of abortion or the public option.

4 posted on 12/25/2009 11:16:42 AM PST by Always Right
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The Constitution specifically mentions the United States (federal govt), the states and the people. The Framers empowered Congress with providing for the “general Welfare of the United States”. Not the welfare of the individual states or the people.


5 posted on 12/25/2009 11:19:27 AM PST by Reagan Man ("In this present crisis, government is not the solution to our problem; government is the problem.")
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To: Repeal The 17th

The 17th never passed.


6 posted on 12/25/2009 11:30:57 AM PST by Goreknowshowtocheat
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To: free1977free
Welcome to FR!
7 posted on 12/25/2009 11:35:09 AM PST by ColdOne (ColdOne (Merry Christmas))
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To: free1977free
I think this may not be a big point in the end

So they rule you can not be require to buy or they will fine/tax you if you don't

They just flip it around... they just tax everybody up front the same "fine"/tax... and rebate it to you if you buy as a write off...so whats the diff

8 posted on 12/25/2009 11:57:23 AM PST by tophat9000 (Obama has "Jumped The Shark" ...and fell in the shark tank)
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To: tophat9000
I look at it this way

Who in the State can most effectively bring law suits against the Feds? The State Attorney Generals, and the liberals have focused their $$s in seeing that the State Attorney Generals will aid and abet them. Hence, conservative Attorney Generals need to bring the heat on constitutional lawsuits.

Let the State's Representative bodies focus on nullification and prevent acceptance of these unconstitutional laws.

my nickels worth

9 posted on 12/25/2009 12:56:37 PM PST by eartick (Been to the line in the sand and liked it)
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To: free1977free

Re “Health Scare” bill...

Here is what normally happens: we see a bill we hate. We call, email, fax, write. Congress ignores us and passes the bill anyway. We give up the fight, feel dejected for a few hours, then continue on our merry way. We have accepted the inevitable and become obedient sheeple to more, intrusive, abusive big government. After all, they must be smarter than we, the people.

THIS CANNOT HAPPEN THIS TIME!

From now until November 2010, we continue emailing, calling, visiting, faxing, going to town hall meetings, writing. We continue protests in D.C. and all cities across the U.S.A, especially the state capitols. We have to keep the pressure on. Why? Because the American people - you know, “We, the people” - must be awakened. Because it is they who are needed to vote most of this incorrigibly-corrupt Congress.

http://pushbackuntil.com (especially http://pushbackuntil.com/Mandates.htm) specifies what laws we need passed to ensure that our country continues to exist. Because Congress has placed us in such a deep hole fiscally, and it appears that absolutely none of them - do not listen to what they say - is doing anything to solve that problem.

Oh - and we have to have conservatives run for these offices. If we just sit around complaining, we will get what we have been getting for decades. So either run or help someone you know run. Get commitments from those seeking you vote that they will not just go to Congress or your state legislature and

passively watch bills come up for vote - they have to have the courage and determination to methodically and gradually REPEAL big government’s intrusions (social security, cap and trade, Medicare, Medicaid, welfare, mandates on insurance companies, corporate welfare, insane debt, unlimited spending, and so forth). Donate time and money. Talk to your neighbors and friends. Act! And pass on the http://pushbackuntil.com URL so everyone knows the plan and the way to execute that plan.


10 posted on 12/25/2009 12:59:55 PM PST by DennisR (Look around - God gives countless, indisputable, and unambiguous clues that He does, indeed, exist.)
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To: Goreknowshowtocheat

Yeah right. It did pass, and was ratified by 36+ states. It has not been ratified by a few former confederate states.


11 posted on 12/25/2009 1:12:02 PM PST by nwrep
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To: nwrep

I don’t think there is any proof of it. Lots of irregularities with the voting.


12 posted on 12/25/2009 2:32:47 PM PST by I got the rope
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To: nwrep

Madison made a clause which said any change in the sufferage in the senate requires the consent of all the states. It did not pass. I don’t have it in front of me but something like no state without it’s consent....etc Since the states no longer elect senators all of Congress is elected by the mob. The states have no say in their representation.


13 posted on 12/25/2009 4:10:12 PM PST by Goreknowshowtocheat
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To: Goreknowshowtocheat

If Madison’s clause is not in the Constitution, it is irrelevant to the present discussion. According to the statutes of the Constitution, this Amendment was properly passed and ratified. I don’t see any room for debate here.


14 posted on 12/25/2009 4:16:49 PM PST by nwrep
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To: nwrep

Ok...I will quote it when I find it. It is there.


15 posted on 12/25/2009 9:39:48 PM PST by Goreknowshowtocheat
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To: nwrep

“no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.”


16 posted on 12/25/2009 10:00:36 PM PST by Goreknowshowtocheat
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To: nwrep

All States were deprived of their suffrage in the Senate by 36 votes..It would have required 48 plus Ohio was counted which did not become a State until 1952.


17 posted on 12/25/2009 10:07:15 PM PST by Goreknowshowtocheat
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To: Goreknowshowtocheat

Conclusion=A fradulent passage of the 17th.


18 posted on 12/25/2009 10:08:31 PM PST by Goreknowshowtocheat
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To: Goreknowshowtocheat

fraudulent


19 posted on 12/25/2009 10:08:57 PM PST by Goreknowshowtocheat
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To: free1977free

First post, you say? Well, let me welcome you to the party :)) You will find that there are many on here who disagree on points of issue, but one thing is held common: WE ALL BELIEVE IN FREEDOM - something that the current administration seems to dislike.


20 posted on 12/28/2009 1:50:42 PM PST by Spacetrucker (Sorry, folks, give my spot in the handbasket to an angry lib >:))
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