Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

QUESTION: Is the Madate to Purchase Insurance the ONLY Unconstitutional Provision of the Bill?
March 22, 2010

Posted on 03/22/2010 4:02:09 PM PDT by MrChips

I am curious about the unconstitutionality of the Health Care Bill. We all know that there will be court challenges to the provision requiring Americans to purchase insurance. But, are there other parts of the Bill which violate the Constitution and could be challenged in court?


TOPICS: Health/Medicine; History; Society
KEYWORDS: constitution; health
Navigation: use the links below to view more comments.
first previous 1-2021-4041-44 next last
To: MrChips
Having a bureaucratic entity decide on what is the appropriate health procedures for me at any point in my life is a violation of my Civil Rights, and the right to pursue Life, Liberty and Happiness.
21 posted on 03/22/2010 4:25:43 PM PDT by HardStarboard
[ Post Reply | Private Reply | To 1 | View Replies]

To: Favor Center

As such, In my humble opinion, the entire bill must be scrapped.


22 posted on 03/22/2010 4:26:13 PM PDT by Mr. Wright
[ Post Reply | Private Reply | To 19 | View Replies]

To: kaehurowing
I don’t see how you can hold someone liable for another person’s conduct

They've been doing this for years. If a company pays me to do a job, and I do not properly pay my employment tax (SSI &c.), the company is liable. (This is one of the things that guy who flew a plane into a Texas IRS Office was mad about.)

ML/NJ

23 posted on 03/22/2010 4:26:52 PM PDT by ml/nj
[ Post Reply | Private Reply | To 7 | View Replies]

To: MrChips
The one I have a problem with is: All the Kickback and payoff/earmarks. Something for some, but not for all.

That is discrimmination.

24 posted on 03/22/2010 4:31:13 PM PDT by annieokie
[ Post Reply | Private Reply | To 1 | View Replies]

To: Mr. Wright

“As such, In my humble opinion, the entire bill must be scrapped.”

As a start.


25 posted on 03/22/2010 4:32:53 PM PDT by Favor Center (Targets Up! Hold hard and favor center!)
[ Post Reply | Private Reply | To 22 | View Replies]

To: MrChips

See this discussion:

http://www.washingtonpost.com/wp-dyn/content/discussion/2010/03/19/DI2010031902926.html


26 posted on 03/22/2010 4:33:39 PM PDT by Chet 99
[ Post Reply | Private Reply | To 1 | View Replies]

To: MrChips

The health takeover bill will regulate insurance companies as public utilities, without allowing them to earn “reasonable” rates of return on invested capital. In this respect, the bill violates well-establised precedent that guarantees the utilities a constitutionally protected status for their rates of return. This unconstitutional characteristic of the health takeover legislation has been exhaustively analyzed by 0bama’s former collegue at the University of Chicago, Richard Epstein. See:

http://www.pointoflaw.com/columns/archives/2009/12/impermissible-ratemaking-in-he.php


27 posted on 03/22/2010 4:35:32 PM PDT by Hawthorn
[ Post Reply | Private Reply | To 1 | View Replies]

To: Frantzie
You have go to think endgame. These guys are smart and constantly outwit the Republicans. They know the mandate is unconstitutional. They don't care. They know healthy people will pay the fine which is around 1/10th the cost of buying a health insurance policy and bankrupt the system. They want people to get used to it and have it run out of money.

Think VAT. That is what they want. That is the holy grail of liberal socialist progressives. They think they can get it through to fund health-care when it, inevitably, founders. And after that there will be no constraints whatsoever on the size and growth of government. If Obama pulls that off the socialists will be lighting candles and praying in front of his picture for a thousand years.

28 posted on 03/22/2010 4:40:51 PM PDT by atomic_dog
[ Post Reply | Private Reply | To 6 | View Replies]

To: MrChips
are there other parts of the Bill which violate the Constitution and could be challenged in court?

You mean the abolishment of your 4th Amendment right restraint on government to "be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause . . . ?

Apparently, the "fix" allows IRS agents to monitor your bank accounts and seize funds to pay fines.

But, of course, the 4th Amendment has already been tossed aside by the Patriot Act. But . . . you do feel safer don't you?

How about that under Article I, Section 7 that "[a]ll bills for raising Revenue shall originate in the House of Representatives . . . "?

The U.S. Constitution has been "deemed" irrelevant for quite some time. Once upon a time, only Congress could declare war, only Congress could coin money and regulate the value thereof and Congress could only enact legislation as defined in Article I, Section 8.

The only relevance the Constitution has to Congress critters is around election time or in getting a TV soundbite. Then, lip-service is given to the rulebook.

29 posted on 03/22/2010 4:42:55 PM PDT by SlaveNoMore
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachoman

I’m not a lawyer but am not sure this is the same thing. The RATS insist that the feds can force us to buy insurance pursuant to the commerce clause, which allows the feds to REGULATE interstate commerce. I would argue that the right to regulate interstate commerce is not the same as the right to COMPEL interstate commerce by forcing citizens to engage in transactions with PRIVATE players (i.e. insurance companies).

Medicare and Social security are taxes. You have to pay them only if you have wages. It’s a govt program so I dont know whether the commerce clause governs.

Maybe a lawyer could pipe up and give a more authoritative explanation.


30 posted on 03/22/2010 4:44:21 PM PDT by freespirited (We're not the Party of No. We're the Party of HELL NO!!!)
[ Post Reply | Private Reply | To 8 | View Replies]

To: MrChips

Doctors might have a class action restraint of trade legal challenge.


31 posted on 03/22/2010 4:44:42 PM PDT by JerseyHighlander
[ Post Reply | Private Reply | To 1 | View Replies]

To: SlaveNoMore

Thank you.


32 posted on 03/22/2010 4:46:20 PM PDT by MrChips (MrChips)
[ Post Reply | Private Reply | To 29 | View Replies]

To: Wooly

Well, it remains to be seen how long it takes people to sue the government on each of these grounds. Let us hope that no conservatives retire from the Court for awhile.


33 posted on 03/22/2010 4:51:01 PM PDT by MrChips (MrChips)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Favor Center

The short answer is no.

Health care is not an enumerated power of the federal government under the constitution.

The problem is we do not, at present, have a functioning government to enforce the constitution.

It is time to quit being politically correct and start being politically honest.

If the american public will not confront the reality of the grievous error of last November, then liberty dies.

If we are truly a free people rather than european-style subjects of our government masters, we will rise up to renounce the progressive movement.

We will know one way or another before sunrise on November 3, 2010.


34 posted on 03/22/2010 4:51:58 PM PDT by LoneStarC
[ Post Reply | Private Reply | To 2 | View Replies]

To: MrChips

The bill itself is not constitutional.

The government can not own or operate any companies.


35 posted on 03/22/2010 4:56:25 PM PDT by jongaltsr (It)
[ Post Reply | Private Reply | To 1 | View Replies]

To: EBH

Can I read this without signing up?


36 posted on 03/22/2010 5:01:32 PM PDT by TJC
[ Post Reply | Private Reply | To 4 | View Replies]

To: MrChips

Not only that but I believe that exempting themselves as well as anyone that works for them should also be unconstitutional! A law should include all....

I just feel that it should be anyway!


37 posted on 03/22/2010 5:03:37 PM PDT by jcsjcm (American Patriot - follow the Constitution and in God we Trust - Laus Deo)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jongaltsr

Tell that to GM


38 posted on 03/22/2010 5:05:46 PM PDT by Sunbunny
[ Post Reply | Private Reply | To 35 | View Replies]

To: MrChips

I don’t think it is. From what I’ve read the unequal treatment of people who live in different states violates the equal protection clause.


39 posted on 03/22/2010 5:35:38 PM PDT by chris_bdba
[ Post Reply | Private Reply | To 1 | View Replies]

To: TJC

It’s a video? No need to sign up for anything?

You could try this page.
http://www.wtam.com/pages/trivpage.html

Video is about half way down too.


40 posted on 03/22/2010 5:40:14 PM PDT by EBH (There is a bell ringing. Is it for Freedom or a Death Knell?)
[ Post Reply | Private Reply | To 36 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-44 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson