Is Obamacare Unconstitutional?
Posted on August 22, 2009
What if after all the Congressional wrangling over Obama’s government healthcare plan, it could be struck down by the Courts for violating the Constitution? Those pushing socialized medicine have framed medical care as a “right”, but of course it isn’t listed in the Constitution. They’ve really painted themselves into a corner by framing the debate this way. The problem with HR3200, is its attempt to impose a mandate.
One of the more troubling components of the ObamaCare bill wending its way through the House is the inclusion of individual mandates to carry health insurance. What gives Congress the power to dictate that choice to American citizens? A single document enumerates Congressional power, and former Department of Justice attorneys David Rivkin and Lee Casey have some trouble finding that power in it.
Without a Constitutional amendment, Congress has no right to force people to buy insurance.
Although the Supreme Court has interpreted Congress’s commerce power expansively, this type of mandate would not pass muster even under the most aggressive commerce clause cases. In Wickard v. Filburn (1942), the court upheld a federal law regulating the national wheat markets. The law was drawn so broadly that wheat grown for consumption on individual farms also was regulated. Even though this rule reached purely local (rather than interstate) activity, the court reasoned that the consumption of homegrown wheat by individual farms would, in the aggregate, have a substantial economic effect on interstate commerce, and so was within Congress’s reach.
The court reaffirmed this rationale in 2005 in Gonzales v. Raich, when it validated Congress’s authority to regulate the home cultivation of marijuana for personal use. In doing so, however, the justices emphasized that — as in the wheat case — “the activities regulated by the [Controlled Substances Act] are quintessentially economic.” That simply would not be true with regard to an individual health insurance mandate.
The otherwise uninsured would be required to buy coverage, not because they were even tangentially engaged in the “production, distribution or consumption of commodities,” but for no other reason than that people without health insurance exist. The federal government does not have the power to regulate Americans simply because they are there. Significantly, in two key cases, United States v. Lopez (1995) and United States v. Morrison (2000), the Supreme Court specifically rejected the proposition that the commerce clause allowed Congress to regulate noneconomic activities merely because, through a chain of causal effects, they might have an economic impact. These decisions reflect judicial recognition that the commerce clause is not infinitely elastic and that, by enumerating its powers, the framers denied Congress the type of general police power that is freely exercised by the states.
Read the entire thing, it is very well written and a new problem for the Obama administration on this healthcare headache.
» Filed Under Anti-Americanism, Barack Obama, Congress, Constitution, Healthcare, Nanny State, News, Supreme Court, Totalitarianism, U.S. Constitution, Unconstitutional
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9 Responses to “Is Obamacare Unconstitutional?”
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in all technicality they aren’t FORCING you to buy insurance. They are penalizing you with high taxes if you don’t. Just like they don’t force you to stop smoking they jus tax your cigs a huge amount. This is why it’s not “universal care” it’s more similar to Romney care but with more bull shoved in between,
It would certainly depend on the makeup of the court at the time. Lets all recall the Kelo case. I believe the liberals on the court decided ” Public Use” also meant ” Public Good”.
James
Thats unclear
Like Car Insurance, Health Coverage May Be Mandated
A Proposed Requirement That All Americans Have Policies Has Broad Support Among Reformers
By Ceci Connolly
Washington Post Staff Writer
Wednesday, July 22, 2009
Car insurance is not federally mandated.
car insurance is state mandated which falls perfectly along the 9th amendment.
But if this reform bill is like Romneycare it’s not mandated it will still leave 5% uncovered but those people are rich people who will face massive tax penalties.
I’d need to see the part of the bill that addresses this to be sure. I’m not exactly an expert I’ve only read like half of it. If you got reference to that part of the bill i totally need to read up on it.
The arguments about the provision being unconstitutional are bogus. They distort the law and the economic impact of the uninsured. http://dissentingjustice.blogspot.com/2009/08/is-healthcare-reform-unconstitutional.html
PS: If you’re concerned about individual rights, why “stop the aclu”?
“Life, Liberty, and the pursuit of Happiness”. Yes, requiring health insurance is as unconstitutional as requiring car or life insurance. All this “talk” about the commerce amendment just side-steps the issue.
The unconstitutionality lies in the “Freedom of Religion”. How can someone believe that they are “Assured” by GOD if they must be Insured by the “State”. NO longer can they say they are in “Good Hands” because they are in “God’s Hands” they must say that they are in “Good Hands” because they are in “All-States” hands.
An this is not ALL that’s wrong. Requiring “car insurance” shifts the burden of proof and destroys the presumption of innocense. The state is not required to prove that a person does not have insurance, the person must prove that he does have “financial responsibility”. This is TOTALLY against the constitution.
And, if anyone ever had their insurance “lapse” the insurance companies are “required” to be watch-dog snitches and tell the state – However they don’t have to report someone purchasing insurance, so if a person just switches insurance companies, he must prove to the state that he was covered or be charged with a crime.
NO, NO, NO – The whole problem is that LAWS are to be based on what DID happen not what COULD happen….
Forcing a person to buy something that they dont need or want in mob type activity. Our government has become a mob a long time ago and it’s getting worse. Politicians can say whatever to get elected, and then are under no obligation whatsoever to do what they promised. This health care reform is a reform in favor of big business, not the people. If I am forced to buy from the mob in this way I will be looking for ways to settle my affairs and leave this country.