Dear Friends, In 2010, Congress passed the most controversial piece of legislation in decades: the Patient Protection and Affordable Care Act (also known as Obamacare). It is the first time in history that the federal government has set forth a requirement for every citizen to enter into contract with a private company to buy a product or service. Is that constitutional? No. The Constitution does not authorize the federal government to dictate that Americans purchase a private product like health insurance. If the government can do that, what can't it do? Unsurprisingly, the idea of constitutional limits is not exactly chic with Washington liberals. When first asked about the constitutionality of Obamacare, House Speaker Nancy Pelosi seemed shocked by the question, responding “Are you serious?†Rep. Phil Hare (D-Ill.) had a similar response when he told constituents: “I don’t worry about the Constitution on this.†Majority Whip James Clyburn took it a step further and acknowledged, “There’s nothing in the Constitution that says the federal government has got anything to do with most of the stuff that we do.†Such responses from the left-wing establishment are problematic. If what our founding fathers intended by their actions do not matter, then why did they bother even drafting a Constitution? The Constitution created a national government of limited, enumerated powers. In order to enforce these limitations, federal judges are often required to act. In the case of Obamacare, more than 30 legal cases have challenged various aspects of its constitutionality and question if Congress overstepped its authority by requiring individuals to either buy the health insurance or pay a penalty. The largest case, Florida v. Department of Health and Human Services, was brought before the Supreme Court in March 2012. A decision is expected to be announced on June 25, 2012. Admittedly, health care reform is needed, but there are better options than a federal takeover. ------------------------------------------------------------------------------------------------------------------------
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Tuesday, June 05, 2012
Obamacare: Headed for Constitutional Life or Death?
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