Does mandating health care violate constitution
He coordinated a labor union invasion of Madison, Wisconsin in March 2011, to intimidate the state legislature over changes to state labor law.This was a bold-faced violation of separation of powers. Do you really believe that a lawsuit will do any good?The Obamacare mandate may have been deemed a tax by Justice Roberts, but it is still unprecedented and unconstitutional even as a tax. The legal gymnastics and convoluted contortions that were performed by Justice Roberts are beyond comprehension.Worse, he engaged in rewriting the law as Congress "may have intended" instead of accepting what Congress did intend, in order to "save" the unconstitutional legislation by doing what he has no authority to do - re-writing a statute - not once, but twice.He was the primary author of the opinion that eventually became the minority opinion. Second, Roberts is too intelligent to believe the now it's a tax now it's not a tax sophistry that is in the majority opinion.
District Court, 3rd Circuit, in Philadelphia, filed Dec.But, even if the Obama administration is now admitting the individual mandate is a tax, that still does not make the law constitutional.Rather than operating as a tax on income, the mandate is a tax on the person and is, therefore, a capitation tax. (6) Forcing you to purchase items (Obamacare) also infringes via rights not specifically enumerated in the Constitution and violates the Commerce Clause, the Takings Clause, the Presentment Clause (9th Amendment and 10th Amendment). (4) The Federal government (HHS/IRS) having full access to your bank account against your will, to make sure that you are paying your Obamacare premiums, infringes upon your right to be secure in your person, papers, and effects, as do unreasonable searches into personal health insurance records; Anyone familiar with financial matters knows that a prospectus is required before someone purchases anything, but to find out about Obamacare you have to give them all your personal information . (5) Excessive fines, in the guise of the Obamacare penalty, violate the Constitutional promise contained in the words Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (8th Amendment) The violation stems not only from the penalty, but also from mandating private citizens to purchase health insurance.
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Yet generations of progressives have bastardized the Constitution to suit their own ideological agenda, and as such, many Americans have forgotten the very core principles upon which our nation was founded.