Why the Health-Care Bills Are Unconstitutional

Wall Street Journal ^ | Jan. 2, 2010 | Orin Hatch et al

[Military family member]

President Obama's health-care bill is now moving toward final passage. The policy issues may be coming to an end, but the legal issues are certain to continue because key provisions of this dangerous legislation are unconstitutional. Legally speaking, this legislation creates a target-rich environment. We will focus on three of its more glaring constitutional defects.

[Hodar]

If I can be forced to buy a commercially available product, like Health Insurance; then forcing me to buy a goverment sponsored vehicle is the next logical step.

So, whether you want or need a GM car or truck really doesn’t matter ... better buy one or you’ll be going to jail.

[ExTexasRedhead]

Watch and please share with others. This is an awesome video that is very well done.

http://www.youtube.com/watch?v=HiyqvuTxaEs.

[ScottinVA]

If I can be forced to buy a commercially available product, like Health Insurance; then forcing me to buy a goverment sponsored vehicle is the next logical step.

As will purchasing a life insurance policy with government as the beneficiary.

[Military family member]

How long will it be before we see a SCOTUS challenge for this?

[BenLurkin]

bttt

[An.American.Expatriate]

The federal government may exercise only the powers granted to it or denied to the states. The states may do everything else.

Didn't you forget someone here?

[Le Chien Rouge]

Beware of progressives claiming that the health care bill is constitutional under the 9th amendment and within the general welfare clause.

This will be their attack plan.

[An.American.Expatriate]

So, whether you want or need a GM car or truck really doesn’t matter ... better buy one or you’ll be going to jail.

Actually, they will likely force you to buy one of these for your family of four:

[Peter Horry]

Here's what you can expect from Government Motors.

[D521646]

The fact that the dims would even press the issue is alarming.. I’ve read a great deal of case law regarding these provisions, and it’s not even close.. There is no way the SCOTUS would go along with this...

Tim-

[grumpygresh]

Great! This will be the way to put the nail into this socialist coffin. A law that compels a citizen to engage in a commercial activity under penalty of law is clearly unconstitutional. I doubt that even most “socialist democracies” have such intrusive and draconian laws. The US Constitution will become an instrument for the federal government to impose any mandate on its subjects.
We must get busy in the state legislatures and AG offices to oppose this legislation.

[An.American.Expatriate]

Funny - but at least VW is not (entirely) government owned.

[An.American.Expatriate]

I doubt that even most “socialist democracies” have such intrusive and draconian laws.

The model is based on the European Health care system. Everyone is required under penalty of law, to have health insurance (we are free to choose the provider though)

[Military family member]

"The federal government may exercise only the powers granted to it or denied to the states. The states may do everything else.

Didn't you forget someone here?"

I forgot nothing because I did not write the article.

[An.American.Expatriate]

Such comments are ALWAYS directed at the Author of the article in question and never at the poster of the article.

[Condor51]

*** Beware of progressives claiming that the health care bill is constitutional under the 9th amendment and within the general welfare clause ***

The 9th? No offense but I don't see how.

Ninth Amendment
The enumeration₍₁₎ in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

(1) enumeration: 'To count off or name one by one; list'

The Ninth is specifically about our Rights. Not our 'duties' or what Congress may compel us to do by any legislation. As to the General Welfare Clause - as they say, 'That dog don't hunt'. Plus, Hatch already has that shot down in the article.

There's another reason why ObamaDeathcare is unconstitutional. It contains a 'Bill of Attainder'₍₁₎, which is prohibited by Article I, Section 9 Clause 3:

'No Bill of Attainder or ex post facto Law shall be passed.'

In such cases, the legislature assumes judicial magistracy, pronouncing upon the guilt of the party without any of the common forms and guards of trial, and satisfying itself with proofs, when such proofs are within its reach, whether they are conformable to the rules of evidence, or not. In short, in all such cases, the legislature exercises the highest power of sovereignty.

They do this in this Bill by finding us automatically guilty, and will be fined (payable to the IRS), if we don't buy their approved insurance, have any insurance at all, or sign up for gubmint insurance -- no matter what our reasons - like the cost forcing us to live in a box under a bridge. Or, a 72yo Male NOT having insurance with a 'Maternity Benefit' (that's in the House Bill). Congress IS making themselves Judge, Jury and 'executioner'.

(1) More accurately: 'A bill of pains and penalties'

[nikos1121]

I think this bill is dead on arrival. No important legislation ever gets passed in an election year. These low lifes will talk and table. No vote will come.

This president is a phoney. Reid and Pelosi too.

[Le Chien Rouge]

“The Ninth is specifically about our Rights. Not our ‘duties’ or what Congress may compel us to do by any legislation. As to the General Welfare Clause - as they say, ‘That dog don’t hunt’. Plus, Hatch already has that shot down in the article.”

Thank you for clarifying the 9th and giving me ammo when debating our ‘progressive friends’.!!!

[MaggieCarta]

The federal government may exercise only the powers granted to it or denied to the states. The states may do everything else.

I think the original author meant to say: "We are the Government. All your power base are belong to us."

Kind of a giggle that the writer would make such an omission when discussing the US Constitution. Or, not. I become somewhat depressed thinking about the 10th Amendment.