Is health-care reform constitutional?

Washington Post ^ | March 21, 2010 | By Randy E. Barnett

[highlander_UW]

No, but the US is no longer governed under the constitution...our politicians have discarded that document.

[GeronL]

No. But the courts won’t do anything. The courts will also strike down the states who try to resist.

The people will be in the field, eating grass and bleating.

[OldDeckHand]

"But the individual mandate extends the commerce clause's power beyond economic activity, to economic inactivity. That is unprecedented"

This is the key. No way does the Roberts court allow this provision to survive. It's just not going to happen.

[Red Steel]

The short answer is NO.

[SE Mom]

ping

[GregoTX]

Under the Federalist system our Founding Fathers gave us, Congress had very few powers (Article 1 Section 8 US Constitution), and control over medical care and insurance is not in there. Everything else not in Article 1 section 8 goes to the State (10th Amendment).

[Logical me]

We are not under the Constitution but communists rule. The parts of the Constitution the communists will keep will only be those parts that will build their power. Cannot understand why more Americans do not understand what is happening.

[Flycatcher]

Does Elmer Fudd have trouble with the letter R?

[Reagan Man]

SocSec and Medicare are not Constitutional.

Obamacare is not Constitutional either.

So much for the Constitution.

[Repeal The 17th]

“Is health-care reform constitutional?”
-
You know better than that; but your congressmen don’t care.

[Extremely Extreme Extremist]

ROFL! Is Ed “Too Tall” Jones too tall?

[optiguy]

“As our enemies have found we can reason like men, so now let us show them we can fight like men also.”-—Thomas Jefferson

[patriot preacher]

NO!

[BreezyDog]

I'm glad to see The Washington comPost raise the question. My favorite sign on the right from yesterday at the Capitol...

[Flycatcher]

Oops. Misread the title as "Unconstitutional."

_{But Elmer Fudd still has trouble with the letter R...}

[Jane Long]

Are forced, tax payer funded entitlements constitutional?

[Man50D]

The outcome of any vote by Congress on health care is irrelevant since Article 1 Section 8 of the Constitution does not specifically grant Congress the power to regulate health care! Therefore the so called legislation on its face is Unconstitutional! The people are not bound to comply with an Unconstitutional act of Congress! This is a power regulated to the states per the 10th Amendment!

It is the reason why Idaho and Virginia have passed legislation blocking federal health care from being illegally imposed on the citizens of those states by reasserting their 10th Amendment rights and 34 other states considering similar legislation! This is the point people need to hammer home with their Congress critters!

[optiguy]

Did Rose Kennedy own a black dress?

[Red Steel]

Then the courts are all for Federal control and everything be d&*ned.

This is a mega revenue producing bill that ORIGINATED in the SENATE.

The plain language from the US Constitution:

Article 1, Section 7, Clause 1 - "ALL Bills for raising REVENUE SHALL ORIGINATE in the HOUSE of Representatives;"

Nope this thing is not Constitutional.