Forums / Political & Legal / Health Care Unconstitutional?

8 years 11 weeks ago, 9:10 PM


Pkato's picture

Join Date:
Aug 2008
Fort Walton Beach, Florida, United States

Why the Health-Care Bills Are Unconstitutional
Rick Moran

Orrin Hatch , Ken Blackwell, and Ken Klukowski have penned an excellent op-ed in the Wall Street Journal where they detail the unconstitutionality of health care reform :

Their reasoning with regard to the legality of the individual mandate is devastatingly clear and logical:

First, the Constitution does not give Congress the power to require that Americans purchase health insurance. Congress must be able to point to at least one of its powers listed in the Constitution as the basis of any legislation it passes. None of those powers justifies the individual insurance mandate. Congress's powers to tax and spend do not apply because the mandate neither taxes nor spends. The only other option is Congress's power to regulate interstate commerce.

Congress has many times stretched this power to the breaking point, exceeding even the expanded version of the commerce power established by the Supreme Court since the Great Depression . It is one thing, however, for Congress to regulate economic activity in which individuals choose to engage; it is another to require that individuals engage in such activity. That is not a difference in degree, but instead a difference in kind. It is a line that Congress has never crossed and the courts have never sanctioned.

In fact, the Supreme Court in United States v. Lopez (1995) rejected a version of the commerce power so expansive that it would leave virtually no activities by individuals that Congress could not regulate. By requiring Americans to use their own money to purchase a particular good or service, Congress would be doing exactly what the court said it could not do.

Patrolman Kato
Firearms stand next in importance to the Constitution itself.
They are the American people's liberty teeth and keystone
under independence. -- George Washington
8 years 11 weeks ago, 7:15 AM


runawaygun762's picture

Vice President
Join Date:
Nov 2008
Richland, MO, United States
Maybe so, but

will the current SCOTUS uphold an earlier decision? While it's rare for SCOTUS to reverse itself, the Messiah has annointed a wise latina woman (isn't latina woman redundant?) to the court and therefore his will be done.

"I have always been a soldier. I have known no other life. The calling of arms, I have followed from boyhood. I have never sought another." From The Virtues of War, by Steven Pressfield.
8 years 11 weeks ago, 6:51 AM


DollPartzz's picture

Major General
Join Date:
Jul 2009
Ofcourse it is

Let's not forget that we will be fined and/or thrown in jail if we do not
opt for it. Just the fact that the Government is "making" you require Health Insurance is unconstitutional.

The world is a dangerous place, not because of those who do evil, but because of those who look on and do nothing.”-Albert Einstein
8 years 11 weeks ago, 7:10 AM


luckybychoice's picture

Secretary of the Treasury
Join Date:
May 2009
United States
hey there Doll

haven't seen you playing much,i guess i ruined you huh?lol,did you get what you wanted for xmas?was it a 12 or 20 gauge?

i tried being reasonable,i didn't like it, NRA LIFE MEMBER,USMC VETERAN

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