There have been many arguments pro and con concerning Obamacare. Ranging on the left concerning their belief that it is up to the government to make sure that all Americans are insured to we who oppose government health care not wanting government to have yet another stranglehold on our freedom and our lives.
Yet in all of the arguments about Obamacare there is one aspect that has barely been touched and that is whether this massive socialist take over of the Nations health care system is even Constitutional. One can try and argue its Constitutional merits and detraction but the bottom line concerning Constitutionality is this. What authority does the Congress and the President have under the Constitution to REQUIRE all Americans to purchase ANYTHING ?
Obamacare has so many flaws and problems that it is too lengthy to get into all of them but one major legal problem it has from a Constitutional stand point is that it requires all American to either have private insurance, (which would eventually be eliminated through government health care), through an employer, or government health care. Those who refuse to purchase either will be fined until they do.
When pushed on this particular issue proponents of Obamacare use the ,”commerce clause,” and ,”provide for the general welfare clause,” of the Constitution as their basis upon which to provide Constitutional authority for this overhaul of health care. Article I, Section 8 of the Constitution holds both of these clauses as responsibilities of the Congress. The general welfare is also found in the preamble.
Congress has the authority to ,”regulate,” interstate commerce and health care though provided to individuals locally involves interstate commerce because of the purchasing of drugs and medical equipment which has to travel from state to state. The general welfare clause has always been a liberal standard where they consider promoting the general welfare to mean providing a welfare state rather than the Founders true intent of providing an atmosphere of freedom which allows citizens to prosper in accordance to their own means and abilities.
But nowhere in any clause of any portion of the Constitution does the Congress or the President have the right or authority to REQUIRE every American to purchase anything that they do not wish to purchase. But under Obamacare the purchase of health care coverage would be mandatory, whether employer based or the government option.
This requirement is yet another aspect under the Obama administration where our individual right to choose how we live and what we do as free Americans is being threatened. Government whether through health care or any other government entity cannot require that we purchase anything that we do not wish to purchase. Because of Sixteenth Amendment we are already required through tax law to release a portion of our personal income to the federal government. The Amendment made this Constitutional.
But the mandatory purchase of health care coverage which is a requirement in Obamacare is not a specification found in any Amendment, Article, Section or Clause in the Constitution. Therefore it is a violation of our right and freedom as Americans and as such totally unconstitutional. The authority to force every citizen through a mandatory provision found in Obamacare does not exist. Yet if passed this mandatory purchase of health care will be forced upon citizens as Obama seeks to control what we do as Americans. Whether it violates the Constitution or not does not matter to he or the Democrat leadership.
Ken Taylor The Liberal Lie, The Conservative Truth