Excellent analysis in this Forbes article. It’s a must read.
Here’s the key to why the author says it will be struck down as unconstitutional:
Quote:
“The reason that at least 5 Justices are going to find the laws individual mandate unconstitutional is that it is contrary to the fundamental federalism architecture of the Constitution. Under the Constitution, the federal government is an authority of limited, enumerated, delegated powers. All other powers of government are reserved for the states, including the broad authority labeled the police power. That is the power to compel individuals to take specific actions for the public good, such as actions for the public health like vaccinations or quarantines, or obtaining car insurance, or attending school. Notice that all such laws are adopted at the state or local level. (Any federal laws compelling action are based on specific delegated powers other than the Commerce Clause, like those providing for national defense, or taxation).
The power to compel the purchase of health insurance for the public good, as in Obamacares individual mandate, is a function of the police power reserved to the states, and denied to the federal government by the Constitution and Supreme Court precedents. If the federal government is now to hold a national police power, then the constitutional framework of federalism, with limited, enumerated powers delegated to the federal government, and the remaining powers of government retained by the states, would be obliterated.”
B U M P
The author did a outstanding job of explaining the 10th ammendment.
I have a question for anyone who knows.
Where can a person find details on the medical industry takeover bill?
I hear a detail here and there, but is there a summary of the 2700 page monstrosity?
Thanks for the help in advance.