Publius Forum

Monday, March 1, 2010

Health Insurance Unconstitutional

This is one reason you should support me. This one of the many beefs I have with this bill. Below is an article which lays out the fact that you cannot 'tax' a person for NOT purchasing a product. I also believe that in a free country, you cannot force this same person to purchase something he may not want.

However this is only one of the many things that are wrong with this bill. The Democrats claim they will get rid of fraud. Um...they why don't they? They've been in power for over a year, and I have yet to read a report on even one case of fraud. Does doing the right thing depend on whether or not they get their way? This is not the way things are done in America!

Enough from me, read below.

"Individual Mandate" at Core of ObamaCare is Unconstitutional, New Report Concludes

Washington, D.C.: Arguments by backers of President Obama's health care proposals that the U.S. Congress has the constitutional authority to mandate that individual Americans purchase health insurance through the 16th Amendment to the Constitution, which permits the federal income tax, are incorrect.

So concludes a new "What Conservatives Think" publication, "Is a Health Insurance "Individual Mandate" Constitutional?" written by policy analyst Matt Patterson of the National Center For Public Policy Research.

Among the findings:

* Both the House and Senate versions of ObamaCare contain penalty taxes on Americans who do not have government-approved health insurance, the so-called "individual mandate."

* Such a tax would function as a direct, or capitation, tax, as opposed to a tax on activity, such as excise or income taxes, and would therefore fall outside Congress' authority to tax income granted by the 16th Amendment to the Constitution.

* The Constitution places strict restrictions on Congress' power to lay capitation taxes under Article I, Sec. 9, which reads "No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken."

* Exemptions for some people built into the Senate bill's individual mandate tax would make it impossible for ObamaCare to meet this strict constitutional standard.

Says Patterson, "Some of the finest legal minds in the country have concluded that the enforcement provisions of ObamaCare's individual mandate would violate both [the] spirit and the letter of the U.S. Constitution. Apparently, President Obama and members of Congress think they are smarter than these scholars - and smarter than the authors of the Constitution."

"Is a Health Insurance "Individual Mandate" Constitutional?" is available online.

The National Center for Public Policy Research is a conservative, Constitution-respecting, free-market non-profit think-tank established in 1982. It is supported by the voluntary gifts of over 100,000 individual recent supporters, and receives less than one percent of its revenue from corporate sources
I don't know if there are enough Republicans with a backbone to stand against this loss of Liberty and take this to the SCOTUS should it pass. (Don't worry. It won't, but we still need your help. Keep those phones ringing!)

Why do I call it a loss of our Liberty? The larger the government, the smaller the citizen. We sent them there to represent us, not to tell us what to do and how to live. Once we give that away, we end up as slaves to the government. I don't know about you, but I'm not going for that!

This is why I am challenging my representative, Ms. Laura Richardson. She had the nerve to wait almost one year to write back to me about this health insurance, and it was clear she is not representing us. Let us come together this year, Republicans, Democrats, and Independents, and help me defeat her so we may preserve our Liberty. Thank you, and have a great week.

May you walk with the LORD always, and when you cannot take another step, may He carry you the rest of the way until you can walk along side Him again. Digg! Digg!

No comments:

Post a Comment

Please be respectful of others, so they may be respectful to you. Have a blessed day.