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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.


TOPICS: Constitution/Conservatism; Government; Miscellaneous; News/Current Events
KEYWORDS: 111th; bhohealthcare; healthcare; lping; obama; obamacare; vanity
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If you have read the bill and know of other violations, please add to the list.
1 posted on 03/22/2010 6:04:03 PM PDT by JimWayne
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To: JimWayne; Travis McGee

Good thread to start....thanks !


2 posted on 03/22/2010 6:07:19 PM PDT by Squantos (Be polite. Be professional. But have a plan to kill everyone you meet)
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To: JimWayne
Check this out: http://www.freerepublic.com/focus/f-news/2477323/posts

XIV Amendment?

3 posted on 03/22/2010 6:07:39 PM PDT by Michael Barnes (Call me when the bullets start flying.)
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To: JimWayne

Wonderful list. Thank you. But how are you seeing the application of the fifth amendment?


4 posted on 03/22/2010 6:08:03 PM PDT by MrChips (MrChips)
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To: JimWayne

Our providers won’t have to worry about handing out all that privacy information any more.


5 posted on 03/22/2010 6:08:39 PM PDT by oyez (The difference in genius and stupidity is that genius has it limits.)
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To: JimWayne

Mark


6 posted on 03/22/2010 6:10:01 PM PDT by Czar (NRA Life Member)
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To: JimWayne

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?


7 posted on 03/22/2010 6:11:08 PM PDT by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist")
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To: JimWayne

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...


8 posted on 03/22/2010 6:11:08 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: JimWayne
To me it is a matter of US Constitution Section 8 (Powers of Congress). Anything not given to Congress as a power The 10th Amendment says it goes to the State .

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.

9 posted on 03/22/2010 6:11:19 PM PDT by GregoTX (I am the resistance)
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To: JimWayne

9th Amendment.


10 posted on 03/22/2010 6:11:31 PM PDT by NoobRep
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To: JimWayne

bookmark


11 posted on 03/22/2010 6:13:06 PM PDT by jcsjcm (American Patriot - follow the Constitution and in God we Trust - Laus Deo)
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To: Michael Barnes
Check this out: http://www.freerepublic.com/focus/f-news/2477323/posts XIV Amendment?

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?

12 posted on 03/22/2010 6:14:55 PM PDT by JimWayne
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To: JimWayne; AliVeritas; holdonnow

FYI


13 posted on 03/22/2010 6:15:04 PM PDT by mojo114 (Forward to November.)
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To: JimWayne

Why dont we just throw the whole constitution at them and let them try and explain which article they didnt violate?


14 posted on 03/22/2010 6:17:12 PM PDT by crz
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To: MrChips

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.


15 posted on 03/22/2010 6:19:29 PM PDT by JimWayne
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To: JimWayne

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?


16 posted on 03/22/2010 6:19:43 PM PDT by randita (Sarah Palin has the same computer that I have.)
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To: JimWayne

Geraldo won’t understand this.


17 posted on 03/22/2010 6:19:51 PM PDT by optiguy (Government does not solve problems; it subsidizes them.----- Ronald Reagan)
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To: JimWayne

Exempting Congresscritters and even some of their staffers violates the equal protection clause of Amendment XIV.


18 posted on 03/22/2010 6:19:53 PM PDT by Campion ("President Barack Obama" is an anagram for "An Arab-backed imposter")
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To: JimWayne

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.


19 posted on 03/22/2010 6:25:34 PM PDT by dajeeps
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To: JimWayne
If you have read the bill and know of other violations, please add to the list.

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.

20 posted on 03/22/2010 6:28:01 PM PDT by Talisker (When you find a turtle on top of a fence post, you can be damn sure it didn't get there on it's own.)
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