Can Congress force me to buy health insurance? or … how single payer is unconstitutional

Written by Editor on . Posted in Current Events, Politics

Can Congress force me to buy health insurance?HOT AIROne of the more troubling components of the ObamaCare bill wending its way through the House is the inclusion of individual mandates to carry health insurance. What gives Congress the power to dictate that choice to American citizens? A single document enumerates Congressional power, and former Department of Justice attorneys David Rivkin and Lee Casey have some trouble finding that power in it. They argue, with appropriate citations of precedent, that HR3200 and any other bill that attempts to impose mandates will violate the Constitution.
There’s no way to argue around this … particularly with respect to the 10th Amendment. In fact, there are numerous difficulties that put Obamacare in direct conflict with the Constitution …
This article from the Tenth Amendment Center, Is ObamaCare Constitutional? outlines several legal issues:Enumerated powers. The Constitution grants the federal government about thirty-five specific powers – eighteen in Article I, Section 8, and the rest scattered throughout the document.Excessive Delegation. The Constitution “vests” legislative authority in Congress. Congress is not permitted to delegate that authority to the executive branch.Tenth Amendment. Technically, the Tenth Amendment is merely a declaration that the federal government has no powers beyond those enumerated in the Constitution … the mandates that some health care plans would impose on states certainly could be found “coercive,” both because they are excessive (HB 3200, for instance, would withdraw all Public Health Service Act money from non-cooperating states) and because they are unrelated to the program.
So, my fine political magicians in Congress and the White House … if you want Constitutional authority, you’re gonna have to Amend that document to line up with your agenda. But until then, POWER TO THE PEOPLE.

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