Finally, Constitutional Questions Being Raised About Obamacare


When I first learned of the mandate that all Americans would be REQUIRED to purchase health care, a clause found in every health care bill that either the House or the Senate is proposing for the government take over of health care, I raised the question of the Constitutionality of this one particular mandate. My question was and still is, “where in the Constitution does any government entity have the authority to require Americans to purchase anything?”

There have been so many Constitutional questions concerning much of Obama’s agenda but this one particular mandate found in the health care agenda is one of the most blatant Constitutional violations, yet no one was challenging this attack by every health care proposal on our freedom and our Constitutional rights. Well FINALLY the Constitutional question concerning the mandate to purchase health care coverage is being raised and if this long overdue challenge is successful it will be the legal and binding death to all forms of Obamacare.

Fox News is reporting that Constitutional attorney David Rivkin is calling the mandate to purchase health care, “an unprecedented imposition on individual liberty.” Officers of The Congressional Budget Office stated, “The government has never required people to buy any good or service, as condition of lawful residence in the United States.” And according to the CBO this one center piece of Obamacare is, “the most challenging question,” about the health care debate because it is unprecedented in its theft of individual liberty.

Those who defend the mandate to purchase health care use the Interstate Commerce Clause which allows the Congress to regulate all interstate commerce and because health care supplies, medicines, etc. are subject to interstate commerce, Congress can mandate the purchase of health care under the clause. But again it still comes down to the question of the Constitutional authority of Congress to require Americans to purchase anything.

The argument using automobile insurance as a requirement example of mandated purchasing does not hold water for two reasons. First if someone does not drive then they are not required to purchase auto insurance except in states where it is required to have a drivers license, but not for a legal ID. Second auto insurance is not for the protection of the one purchasing the insurance but for the protection of those who may be involved in an accident with the policy holder. Health care under the mandate will be required regardless of choice or condition and it is for the purchaser and not to protect someone else.

According to Rivik the insurance requirement is an attempt to dictate personal behavior and, “What’s unique about here is the mandate imposed on individuals is merely because they live.” Raising Constitutional questions about this health care debacle is long overdue and the legal avenue needed to insure that this monstrosity is not passed and forced on the American people. The only remaining question is, ” will Obama and Congressional leadership bow to the restraints and protection of rights in our Constitution which they so obviously have shown little if any adherence to since Obama took office ?” We shall see. It is up to we the people to hold their feet to the Constitutional fire !

Ken Taylor  The Liberal Lie, The Conservative Truth


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13 Comments Leave a comment

Just playing devil's advocate, and in this case I mean the Devil literally

dvdmsr (Diary) Wednesday, September 30th at 9:54AM EST (link)

The Dems can argue that the mandate is meant to protect other people, whether you buy the argument is another story though. For example, they could argue that requiring each person buy insurance will spread the overall cost of health care to more people, thus protecting those who currently pay for health care from the higher costs that result when the overall cost is spread to a smaller pool of people.

Also, some are arguing that this is not a mandate at all, but rather it’s an excise tax that everyone who does something has to pay; the thing these people have to do is “to not purchase health insurance.”

For myself, I have always felt that an excise tax was something that was charged to a person who chose to do some affirmative action, rather than something he or she is charged because he or she chose to not act, but I’m not sure I could adequately defend that there is a difference between the two.

I hope someone can argue it well enough to defeat such practices, because if it passes it will set a precedent that may open the door for the national government to have nearly unlimited regulatory power. Like if you don’t buy a hybrid vehicle or the book “My Two Mommies,” you get taxed. After all, we have to protect everyone from the dangers fossil fuel emmissions, and the violence that results from sexual oreintation intolerance.

Personal Responsibility Conservative

good column Ken - and so far the best political argument that defeats the mandate

Mike gamecock DeVine (Diary) Wednesday, September 30th at 2:48PM EST (link)

is that people with ins and/or medicare get nothing in return for madates and taxes.

more later

The real underlying weakness in opposing the mandate is that current law and the character of the American people require free emergency care for all.

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

 

To paraphrase you: Mandatory health insurance is a way to spread the wealth around. nt

David123 (Diary) Saturday, October 3rd at 2:48PM EST (link)

David123

 
 

Rush Limbaugh at 2:45 P.M. E.S.T.: "The Enemy of the Democrat Party Is The American People."

Ausonius (Diary) Wednesday, September 30th at 2:57PM EST (link)

And as proof he used the various parliamentary shenanigans proposed by Reid/Pelosi to circumvent the Congress’ own rules to push the Hell-th Care bill through, a bill which nearly 60% of Americans do not want now in any form. But since the American people are the enemy, they must be taught a lesson.

Recall that the bottom 40% of Americans who do not pay taxes might constitute the base of the Democrats and of NObama’s support. This is why I think polls will never show NObama’s popularity in the 30% area. A squishy 15-20% obviously form what I call “the wavering minority of the middle’” which tipped things last year, so that a radical leftist agenda – framed as “moderate centrism willing to compromise” – could be in power.

And will this bottom 40% care about Constitutional questions? I suspect not: it is the Wavering Minority in the Middle who need to be convinced, and then take action.

Ausonius: 310-395 A.D. Teacher, Poet, Consul, General, Farmer.

Personal Tutor to the future St. Paulinus of Nola and to young Gratian, heir to the throne during the turbulent final years of the Western Roman Empire. When his former student Gratian was assassinated, Ausonius threw up his hands and retired to his farm in Gaul. Rome was captured by barbarians 14 years after his death.

Cato@rock.com

 

When asked "what can I do", Rush fumbled

ColdWarrior (Diary) Wednesday, September 30th at 3:33PM EST (link)

Did you just hear the lady named Susan on Rush asking what she could do NOW to throw out the RINOs?

I predicted he would say nary a word about becoming a precinct committeeman. And I was right.

All he said was “by calling here today your ‘doing it.’”

And to keep calling Reid and Steny Hoyer.

Here’s the answer to her questions, as you all know:

www.theprecinctproject.wordpress.com

http://theprecinctproject.wordpress.com/2009/08/28/becoming-a-precinct-committeeman-step-by-step/

Please spread the word.

Even Rush won’t talk about the specifics. He did say we have to “take back the Republican Party.” But he didn’t say HOW to do it.

I was allowed to speak for about 10 minutes last night to a Tea Party group over in Mesa, AZ about the paramount need fo these nice conservatives to become Republican Party precinct committeemen. I think these people are now “ripe” for receiving this information and acting on it. They are beginning to awaken to the idea that running around to parties and protests and forming groups is all well and good, but it’s not necessarily going to either change the outcome of the 2010 elections or change the behavior NOW of the congresscritters. They want to know what to DO. When I explain that by signing up NOW to become a PC is the BEST thing to do to achieve those two goals, they are now receptive.

There were about 65 people there and only four of them, me included, were PCs. Now I think all of them will become PCs.

Thank you.

ColdWarrior

www.theprecinctproject.wordpress.com

In 2012, will YOU become a “voting member” of the Republican Party in your precinct?

Where it all started. Twitter @kaltkrieger
Learn how to GOTV at The Concord Project and at Procinct and Unified Patriots.

"Ar'dy" (already), CW

Xasteius (Diary) Wednesday, September 30th at 3:42PM EST (link)

And I plan to join the ranks ASAP (assuming that I’m domestically employed in the private sector) after I finish my degree.

Don’t leave the party, hijack it back!

The only poll that counts is the one at the ballot box.

I don’t want to be Reagan. I want to be a Chance/Soros hybrid.

Susan's call to Rush: links to video and transcript

ColdWarrior (Diary) Thursday, October 1st at 1:42AM EST (link)

Here’s the link to the entire call by Susan and Rush’s “same old same old” response where you can watch and hear him not tell her ANYTHING about HOW “to take back the Party.” At least he agreed with Susan that that should be done, but he didn’t tell her HOW to do it.

In case the embed did not work, here’s the link to Breitbart:

http://www.breitbart.tv/rush-gives-platform-to-susan-from-glendale-in-epic-21-minute-call/

Here’s the transcript at Rush’s site:

http://www.rushlimbaugh.com/home/daily/site_093009/content/01125114.guest.html

Listen to it carefully or read the transcript carefully. He never gave her any explanation of HOW to take back the Party by revitalizing it with conservatives. The HOW is to have conservatives fill up the empty precinct committeeman slots. Half of the slots nationwide are VACANT.

Thank you.

Cold Warrior

www.theprecinctproject.wordpress.com

In 2012, will YOU become a “voting member” of the Republican Party in your precinct?

Where it all started. Twitter @kaltkrieger
Learn how to GOTV at The Concord Project and at Procinct and Unified Patriots.

Kowalski: Why not e-mail Rush and ask him why he can't, or won't, discuss the HOW

ColdWarrior (Diary) Thursday, October 1st at 2:02AM EST (link)

of taking back the Republican Party by revitalizing it with conservative precinct committeemen?

Here’s the link to his site’s contact page where you can click on his e-mail address and ask him:

http://www.rushlimbaugh.com/home/private.guest.html?ck=1254352337734

He could have told Susan, and his millions of listeners, exactly what they needed to hear. Why didn’t he?

I sent him the following with a subject line, “Why didn’t you tell Susan and the listeners to becom a Republican Party precinct committeeman?”?:

Rush,

You fumbled. Or maybe you aren’t “allowed” to talk about this. I don’t know which is worse. I sent the following, with my prediction, to some of my fellow Maricopa County Republican Party precinct committeemen. My prediction turned out to be on the mark. Rather than explaining HOW conservatives could take back the Republican Party by flooding into it to fill up NOW all the vacant precinct committeeman slots (HALF are empty nationwide), you told her that she had just “done something” by calling your show, that conservatives need to “take back the Republican Party” with no explanation of HOW to do it and to call and fax Harry Reid and Steny Hoyer.

Ahem. Scroll down and read what’s at the links. THAT is what needs to be done NOW.

Why can’t you, or won’t you, talk about it?

——————————————————————————–

From:
Sent: Wednesday, September 30, 2009 11:40 AM
To:
Subject: Did you just hear the lady on Rush asking what she could do NOW to throw out the RINOs?

Rush then had a hard break.

Prediction: He will not say a word about becoming a precinct committeeman.

Here’s the answer to her questions, as you all know:

www.theprecinctproject.wordpress.com

http://theprecinctproject.wordpress.com/2009/08/28/becoming-a-precinct-committeeman-step-by-step/

http://historyofourfuture.wordpress.com/

Please spread the word.

Thank you.

<<<<<

Thank you.

ColdWarrior

In 2012, will YOU become a “voting member” of the Republican Party in your precinct?

Where it all started. Twitter @kaltkrieger
Learn how to GOTV at The Concord Project and at Procinct and Unified Patriots.

Mine makes two, fill his inbox and Snerdley will be checking out RS tomorrow.

nessa (Diary) Thursday, October 1st at 2:18AM EST (link)

rush@eib.com

“If you love wealth more than liberty, the tranquility of servitude better than the animating contest of freedom, depart from us in peace. We ask not your counsel nor your arms. Crouch down and lick the hand that feeds you. May your chains rest lightly upon you and may posterity forget that you were our countrymen.”—Samuel Adams

Contributor to Unified Patriots

teh twitter

 
 
 
 
 

You are not required to own a car.

UpLateAgain (Diary) Wednesday, September 30th at 8:42PM EST (link)

And if you don’t, there is no requirement anywhere that you buy auto insurance. Even if you drive someone else’s car, it is the owner that carries the insurance.

As to my paying for others to use E.R.s, etc. I already do that with my taxes, and even that is an unwarranted burden if I didn’t cause the E.R. visit. You can argue logically that it might cost me less to have a universal plan in place ( and that is, indeed, open to argument), but you have no right to force me to have it.

But why concern ourselves with the Constitution now? We’ve abrogated it for years. Even the process we are going through in debating this issue is fought with unconstitutionality. Just ask Humana (and any of the other carriers of Senior Advantage plans) if they feel their free speech rights have been abridged.

You never never never actually need a gun, until you need a gun, and then nothing else will do.

 

Any Lib Using Auto Insurance As An Argument Is An Idiot...

americanmale Saturday, October 3rd at 1:18AM EST (link)

Any liberal using the mandate to purchase auto insurance in order to drive as an example for mandatory health insurance is a total idiot. The simple fact is that one does not have to purchase auto insurance to drive.

Rather, if an individual can demonstrate financial ability to meet the minimum liability amounts required by the state (ie through a bond), then one can “drive drive drive till daddy takes the t-bird away” legally and with blessing from the state.

I’d say at least half of them libs don’t even realize the difference between collision and liability portions of their policy. Collision coverage is required by the lender, the liability portion is a mandate by the state.

Mandatory health insurance is a TAX; no matter how one looks at it.

Exactly.

Leopard1996 (Diary) Saturday, October 3rd at 5:01AM EST (link)

And also to boot, mandatory insurance is a State by state thing, not something imposed by the federal govt. I am pretty sure though that the feds used the extortion of highway funding to make it so that all states have some sort of mandatory liability law.

“The accumluated filth of all their sex and murder will foam up about their waists and all the whores and politicians will look up and shout, “Save Us!”….and I’ll look down and whisper, “No”…The Watchmen

 
 

There are a group of Conservatives looking to tie up in court....

JadedByPolitics (Diary) Saturday, October 3rd at 2:21PM EST (link)

Obamacare, there are a lot of links on the interwebs…

http://www.thefoxnation.com/conservatives/2009/09/23/conservatives-say-theyll-sude-stop-obamacare