Skip to comments.List of Constitutional Violations in Healthcare bill
Posted on 03/22/2010 6:04:02 PM PDT by JimWayne
Article 1, Section 7 - All bills for raising Revenue shall originate in the House of Representatives.
First Amendment (Establishment Clause) and Fourteenth Amendment (Equal Protection Clause) - [Quote: "Exempts from the coverage requirement individuals who object to health care coverage on religious grounds"]: Although the courts allowed the Amish not to pay Social Security tax, this bill would be different if it exempts the Amish and Muslims from participating in the system while forcing the Catholics to participate in it.
Article 1, sections 1 and 8 (Powers of the Congress) and Article 5 (Procedure to Amend the Constitution) - [Quote: "It shall not be in order in the Senate or the House of Representatives to consider any bill, resolution, amendment, or conference report that would repeal or otherwise change this subsection."] - The quoted text effectively amends the Constitution and abridges the law-making authority of Congress. This has been done without two-thirds majority.
Article 1, Section 8 (Commerce Clause) - The commerce clause grants rights to regulate interstate commerce, not intrastate commerce (health insurance is not interstate commerce since you cannot buy it across state lines). Secondly, not buying insurance is not commerce.
Fourth Amendment - The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated
Fifth Amendment - nor shall private property be taken for public use, without just compensation.
Tenth Amendment - The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Good thread to start....thanks !
Wonderful list. Thank you. But how are you seeing the application of the fifth amendment?
Our providers won’t have to worry about handing out all that privacy information any more.
I believe the bill DID originate in the House. Wasn’t it originally an unrelated bill which was gutted, then used as a vehicle for the legislation, and then sent back to the House for passage?
What I want to know is what court cases are being filed... because that’s where it’s at, if something is Unconstitutional... doncha know...
Under the Federalist system our Founding Fathers gave us, Congress had very few powers (Article 1 Section 8 US Constitution), everything else goes to the State (10th Amendment).
Article 1 section 8 does not give Congress the power to get involved in insurance or a doctor's treatment to his patients. This is clearly a State issue.
I went through the article at that link. I don't think they did a good job of exempting themselves! An "intent" to define what a staffer means is not enough. They should have put it in writing or else it won't hold up in court.
Do you know which laws forbid quid pro quo for votes?
Why dont we just throw the whole constitution at them and let them try and explain which article they didnt violate?
They cannot take personal property without reasonable compensation. At the time of taking my money, if I have not been given anything in return except an empty promise that they will help me when I fall ill, it is not just compensation.
I wonder about the law that pre-existing conditions have to be covered. I know there are strictly defined anti-discrimination laws, but I don’t think a protected group would include people with pre-existing conditions. Can the federal (or state for that matter) government force a business to sell something to someone if by selling it, the business incurs a loss?
Is there any part of this bill that limits the amount of the premium insurance companies charge to cover pre-existing conditions? If not, than what’s to prevent companies from charging $100,000/year in premiums to cover people like this or what actuaries would deem would be a sufficient amount to cover this group?
Geraldo won’t understand this.
Exempting Congresscritters and even some of their staffers violates the equal protection clause of Amendment XIV.
Thanks for the list. It’s great.
Now, comrades.. Sorry, but I cannot resist... What oath of office do the members of Congress take again? something about preserving, protecting and defending the Constitution or did they change that to the Communist Manifesto with one of those underhanded amendments? Those sneaky devils.
13th Amendment - Involuntary Servitude.
No, this is NOT like the income tax, social security and all the other federal "mandates" - because THEY all justify themselves by claiming to take a portion of your voluntary activity.
This is not a trivial distinction - it is THE fundamental way the Federal government has claimed the legal power to insert itself into people's personal lives.
In contrast, this healthcare bill taxes you - for the very first time in 223 years of American Constitutional history - on the basis of your EXISTENCE, not your activity.
That's involuntary servitude, period.