ObamaCare is Unconstitutional
December 14th, 2009 | by Sqotty |Why is ObamaCare considered by those on the Right to be unconstitutional? A fair question. There are several reasons why it is unConstitutional.
The number one reason most cited is that it requires every American to purchase health insurance, whether they want to buy it or not, and then prescribes what MUST be in each and every policy as a bare minimum, and includes things that any given individual may not wish to purchase, but by Federal mandate, must purchase. ObamaCare also penalizes those who wish to buy so-called “Cadillac” plans, insurance that provides far superior coverage than the rank and file minimums that must be purchased. Finally, it not only penalizes those who refuse to buy insurance with higher taxes, but also criminalizes them.
These elements of ObamaCare are all contrary to the Ideal of American Liberty that the Founding Fathers had in mind when they wrote the Declaration of Independence, fought and bled for in the revolution, then adopted our current Constitution.
Of course the common counter-point to the mandate that all Americans must by health insurance the Left makes is that people are required to purchase auto insurance. This counter is easily shot down as it is the individual States that have set requirements on purchasing auto insurance, and it is linked to the ownership of a car. If you don’t own a car, you don’t have to buy auto insurance. Further, in many States, and I am not sure if this is true in all States, you have the alternative of posting a bond for a set amount of cash in lieu of purchasing auto insurance. These are facts that the Left convenient ignore as they know it invalidates their argument. They also ignore the fact that States requiring the purchase of auto insurance under certain circumstances is not a violation of the U.S. Constitution, as it is the States making these rules, and not Congress.
Another point to be made on the unconstitutionality of ObamaCare is its lack of choice given to Americans. It is clear that some government bureaucrats will determine what insurance you must have, and not left to the individual. It seems that the only time the Left is pro-choice is in regards to abortion, and not when it comes to the rights of the people to determine how they wish to live and how they want to purchase health insurance.
Article 1, Section 8 of the U.S. constitution defines the powers granted to the Federal Government. Nowhere in the powers listed is there a provision authorizing the Federal Government to require Americans to purchase any product, or give the government the power to criminalize those who fail to comply with mandates to purchase a specific product.
Think about it; if Congress can require Americans to purchase a specific product, whether they want it or not, what else can Congress force Americans to do?
Americans survived hundreds of years without health insurance. They went to a doctor when they needed to and paid for his services directly. There was no government intervention. Why is it that all of a sudden government must step in and ensure that American (except Congress and other people of wealth/power/position) have the same level of health care? Have we drifted so far from the American Ideals of Liberty and Individual Responsibility that we are all now expected to be dependent on government? Is this what the Left wants? To be taken care of from the cradle to the grave by a surrogate mother named Government?
Next time, why ObamaCare will actually increase the cost of health care in America, while decreasing the quality of care for average Americans (that’s us, not the members of Congress or the wealthy elites).
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