Obama health care unConstitutional?
Forcing a Citizen to buy a product from a private company is extremely unconstitutional The Constitution clearly state that no citizen will be forced to buy a product from a private company. Auto insurance doesn't count because a Citizen doesn't have to own a car. Everyone thats a Citizen has to have a body this health care bill would be the first time in America's history that you would be forced to buy something simply because you exist. As proof I offer the 10 Amendment "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people" They would have to change the constitution for there bill to work.
The states are the source of whatever power the central government has, since the states created the central government through the compact which we know as the Constitution. The states do not have only that freedom of action the central government allows them to have; rather, the central government has only those powers the states allow it to have.
Since taking over our entire health care system is not among the "enumerated powers," the federal government has no constitutional, legal or moral right to do it. Any such effort is, as Jefferson pointed out, "unauthoritative, void and of no force." I stand with Mr. Jefferson on this one, and every state legislature should do the same.
- 10 years agoBest Answer
You have your answer but you won't like it. The feds will tax you and then tell your state government that if they follow all of the new rules, they can have some of your money too. Then its the state running the program according to strict Federal guidelines, which is constitutional. This is how lots of Federal programs work, like No Child Left Behind, Federal Highway funds, or the stimulus. Your state Governor becomes a beggar to the lowliest Washington bureaucrat - notice how the Governors were shut out of the health care summit.
- Whatever4Lv 710 years ago
Health Care has come before the Supreme Court before, it will again. It could easily decide the individual mandate is unconstitutional. But until then, what Congress passes and the President signs (or Congress overrides a veto) will be law.
Where does the Constitution clearly state: "no citizen will be forced to buy a product from a private company"? Here's the Constitution to make it easier for you. http://www.usconstitution.net/const.txt
The PEOPLE are the source of the government's power, not the States. The States' power has been limited by the 14th Amendment after the Civil War. As this was ratified by the States, the States allowed the Federal Government to become more powerful.
- annaleeLv 43 years ago
basically by utilising reading the URL, i can tell that one choose claimed it to be unconstitutional and coated representatives of 26 states in his experience. Does the item say something some ruling? No, considering that area hasn't got here approximately yet. i'm particular most of the states coated interior the experience are pink states, and that i especially doubt that any area of the bill would be repealed for any reason because of the fact the choose likely got here upon some criminal loophole that shouldn't exist and desires to apply it for his very own benefit.
- BillLv 710 years ago
a lot of states are now passing bills to opt out of any federal health plan. I know FL is trying hard.