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To: Kaslin

At least one of the states should raise the issue that there is a violation of the 5th amendment.

....nor shall be compelled in any criminal case to be a witness against himself,...

Requiring someone to disclose their having obtained insurance or not when there is a penalty for not having insurance would run afoul of this clause.

and

....nor be deprived of life, liberty, or property, without due process of law;.....

The federal government in denying someone medical care is depriving someone of life and thus also runs afoul of this clause.

and

....The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures....

Medical records qualifies for papers and effects so forcing individuals to give those records over to the government is a violation of this clause.

and

...Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted....

Those that can’t afford insurance would consider forced payments for insurance an “excessive fine”.


10 posted on 03/29/2010 4:12:04 AM PDT by taxcontrol
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To: taxcontrol
All good Constitutionally based points in addition to the simple language of the 10th Amendment.

FReegards!


21 posted on 03/29/2010 4:37:32 AM PDT by Agamemnon (Intelligent Design is to evolution what the Swift Boat Vets were to the Kerry campaign)
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