List of Constitutional Violations in Healthcare bill

[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.

[RhoTheta]

Bump;egon

[M-cubed]

No...just join my new church...The Cubeists

Send me $100 annually and u will receive a certified card as a member in good standing upon payment.....

PS...That's a $100 less then the “Capitalist Pig Church” charges!!

[CitizenUSA]

My point was that they can take your income, but they can only use it for public use. They cannot constitutionally redistribute wealth to private parties.

Social security was deemed an income tax, so the SCOTUS ruled it was constitutional. But social security is clearly unconstitutional in that giving checks to people is not a public use. A social security check is not the same thing as a road, a school, or paying someone for services rendered. Again, if public use is distorted to mean public purpose, then government can literally take ALL of your income and hand it out any way they deem fit.

I do understand your point that this is a mandate to buy something which is not the same thing as an income tax. Yeah, that’s unconstitutional, too. Yet if we allow them to also distort public use, then a single payer system would be entirely constitutional. They could simply tax everyone (on a progressive scale, of course) and mandate single-payer health care. Social security is on a smaller scale, but the constitutional distortion that permits it would also permit single payer health care, because they have the right to take income in any amount and use it for anything that’s a public “purpose.”

[bvw]

I would like to know the meaning and standard usage of the word “bill” as was current in common law at the time of the ratification of the Constitution.

Could a document that can not be read aloud in a normal cadence in under, say three hours, by considered a “bill”?

That is — could a shelf of volumes of 200 page books ever be considered a bill?

[Rome2000]

Looks like the slaves got even, with a little help from Marx and Engles.

This will not end well.

For them.

[DannyTN]

It violates the 24th amendment against poll taxes.

I noticed the Florida's attorney General Bill McCollum said:

"This is a tax or a penalty on just living, and that's unconstitutional," he said of the mandate to purchase health coverage. "There's no provision in the Constitution of the United States giving Congress the power to do that."

In a way it's like a poll tax. Especially if you can be jailed for non-compliance, and thus deprived of you vote.

[Myrddin]

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.

Social Security started with the fable that your money was going to a dedicated retirement account. That was a lie. The money went into the General Fund. The Supreme Court eventually ruled that FICA was an ordinary tax. You have no particular claim on the money that has been taxed from you. I expect the "insurance" will morph in a similar fashion.

[CitizenUSA]

Ah, there’s one exception. Government can’t restrict someone’s right to an abortion. Other than that, pretty much everything is OK for the leftists.

[In God I trust]

For us folks out here that are law illiterate, do all these legal challenges I’m hearing about today give us hope? Can this thing be killed legally? Please God, let this be true.

[Myrddin]

Then it’s time to form a new Christian sect which abhors gambling.

Just claim to be a Baptist. That should cover drinking, dancing, gambling, swearing and smoking.

[JimWayne]

Question: the Equal Protection Clause refers only to States, does it not?

It definitely includes religion. Treating one religion differently from another would fall in this category.

[Liberty Valance]

Life is mostly froth and bubble

Two things stand like stone

Kindness in another’s troubles

Courage in your own

[Liberty Valance]

http://www.youtube.com/watch_popup?v=NINOxRxze9k

[Soul of the South]

Perhaps another exception for the leftists. Government cannot expel illegal immigrants.

[nitzy]

I have no idea how that video relates to this thread but thank you so much for posting it. That is really neat.

[Liberty Valance]

You are ever so welcome nitzy. Hildy is the one to thank. ;o)

[PGalt]

Thanks much, JimWayne! Great post/thread.

[RoadGumby]

Mmmm Southern Baptist?

[Lancelot Jones]

They will call the whole thing a tax when it reaches the Courts, and as a tax, it will pass all Constitutional muster.

Expect the Administration's next move to be amnesty/legalization for all (or the vast majority) of illegal aliens in the country.

They will be illegible for health care, and perhaps be granted an expedited way to citizenship, and the right to vote.

Conservative/right of center thinkers of every shade need to drop all differences, and stand together against the eminent danger to all our lives.

If we fail to do so, we fall as victims.

If we stand together as one, at least we'll fall together as free men and women.

We are living out the last days of the Republic. We either stand by and watch it fall, or we stand up and take it back.

Our choices here will be our legacy.

We have until November, after that, all will be lost.

Make a choice.

Requiem æternam dona eis, Domine, et lux perpetua luceat eis.; In memoria æterna erit justus, ab auditione mala non timebit.

Beauseant!