Obama Care is unconstitutional. Americans should not be forced to get health insurance if they do not want it. It is very wrong for Americans to be required to pay a fee if they do not purchase Obama Care Health Insurance or at least have purchased insurance through a private source. Americans should be able to make their own decisions. Some people do not believe in getting medical treatment, as it is against their religious or personal beliefs. Some people believe in the power of prayer to work out health problems, such as myself. I'm not saying that is not good to have health insurance, because you never know when something unfortunate could happen, but the Bottom Line is that some people just don't want insurance, plain and simple. You can't force it on people.
The Supreme Court stated that the ACA was not a constitutional exercise of congress' power under the commerce clause, but that it was a constitutional exercise of congress' taxing power. The Supreme Court erred in two ways:
1. The Supreme Court can not consider the constitutionality of a tax before it is enforced; and
2. Any new tax bill MUST originate in the house of representatives, the ACA originated in the Senate.
From what I can tell, Obamacare basically says "Everyone must have healthcare or be fined money for it." Nowhere in the Constitution does it say the government can penalize people for not buying something. To all the liberals who are "pro-choice," where's my choice to not get healthcare and not get penalized for it? What if I don't want to choose one of the plans they offer me? What if I want to keep what I have? Chances are, I wouldn't be able to. The government has no authority and no legal power to penalize people for not purchasing something. Not to mention Obamacare was done to give less than 10% of the population healthcare - what's that? They can't afford it anyway? Well, fancy that. People that are too poor to pay for healthcare now still won't be able to afford it, and those who can will get their money drained from healthcare they have to buy, or from the penalties from not buying it.
If the government can force me to buy healthcare, what else can they force me to buy? The three clauses which Obamacare is at play with is the commerce clause, the necessary and proper clause, and spending power. The commerce clause states that congress has the power to regulate commerce throughout the states. REGULATE not CREATE. By forcing every American to buy a certain healthcare, the government is taking a private industry under their wings and creating new commerce. This is entirely unconstitutional. No American can legally be forced into unwanted commerce. Government spending and the necessary and proper clause allow the government to create laws and spend for the welfare of the United States. This does not mean, however, that the individual rights granted to each American by the constitution can be overlooked. The federal government does not have the right to force anyone into "buying" something. With Obamacare, healthcare quality will plummet, their will be less incentive for people to become doctors, overall progress in the medical field will decline, and worst of all, your personal health will be in the hands of the Federal Government (oh and you'll be paying more). Obamacare is a lose lose....
Yes, because Obamacare is not what the constitution was about. Every man and woman has a choice and right to whether be insured or not. It is a choice not a demand and that's not what America was intended to be in the first place. Also it is a system that does not work but I'm not going to get off topic with this subject.
I believe that the fact that Obamacare forces people to be insured violates the "right to privacy" which is promised by the constitution. It was argued that abortion should be permitted because not allowing it violates the right to privacy clause. So, if it violates privacy to tell women they can't do something that is apparently between them and their doctor, then why would it not violate the right to privacy to tell people that they should be forced to carry medical insurance? Obamacare is an invasion of our freedoms as Americans and we should not tolerate it.
The Supreme Court states the federal government can’t force you to do something through a mandate, but it actually can levy taxes against you to encourage you to do something. No one wants to pay more taxes than they are required to, and by enforcing these fines, the government is able to "force" behavior.
Some people would say that if the Supreme Court rules that 1+1=3 that it must be so. 51% of the public has become so dependent on government that they cannot make their own decisions. Civil Rights = The FREEDOM of Civilians. Yet, "Liberals" chip away at our freedom every day.
Congress does not have the supreme authority to lay down any tax that it wishes contradictory to what the SCOTUS says. Article 1 section 8 of the Constitution clearly spells out the enumerated powers that the PEOPLE have given Congress. While the levying of taxes is one of them the individual mandate is being done under the misinterpretation of the General Welfare Clause as well as the Necessary and Proper Clause dating back to Marbury v. Madison in 1803 in which the court gave itself judicial review power. So for over 200 years SCOTUS has been hearing and presiding over cases that it has no power to hear. Check out Article 3 of the Constitution and look at the 7 areas that the court can preside over, and you will not find anything about judicial review. This is because if SCOTUS had that power then it would mean that the Federal Government would be judging the constitutionality of its own laws. This is not how a limited government, which our constitution establishes, is suppose to work. Some may argue that the court is there for checks and balances and that is why SCOTUS has this power, then again you would be wrong because then who checks SCOTUS? In the current system, NO ONE because they are appointed positions and not elected by the people therefore if they uphold a law as constitutional or not there is no recourse available. Again not how our Founding Fathers intended our government to work and by this simple reasoning Obamacare, along with many other laws, is UNCONSTITUTIONAL. The people and the states created the Constitution, the people and the states elect representatives, the president, and Congress, but have no so over the courts. Therefore, the courts cannot be the final say on constitutional matters it must be the people and the states. Give the PEOPLE back their power.
Article 1 sections 8 and 9
Pollock v Farmers loan and trust
Simply put, there is no debate. Both the articles cited and the landmark Supreme Court case from 1895 demonstrate that congress has shirked the duty of balancing broad overreach from the executive branch. Overreach designed to "float" another "to big to fail" industry in a "free market".
It was considered valid, and most politicians and citizens accepted it. The idea that it IS unconstitutional is from those fine on their own who don't want to help those who need it. Sorry, republicans, but just because you take the Christian side (I AM a Christian) does not mean us Democrats have no sense of morality.
There were entities that did not think that the Affordable Care Act was constitutional. Legal challenges were filed and they worked there way through the system. The case was eventually heard by the Supreme Court of the United States. Although different parts of the act were ruled upon, the main part was upheld.
The ACA (Affordable care act) helps the poor and people who cannot afford health care being able to access it. This lowers poverty and improves their conditions which have a vast range of affects (Lower poverty = less crime, more opportunity, etc). You are still able to keep your current plans, this is simply for the unfortunate. Also if someone comes in the hospital w/o insurance they still do operations and whatnot (if it is an emergence) and your taxes still pay for it. So really it is just the same thing but stops some hospitals from kicking out he poor. I know it hards to see that point of view when health insurance does not really bother you. If anything, it enforces the constitution because it allows the poor to pursue happiness. Tell me what amendment it breaks :D
If the Supreme Court that reviewed the law found nothing Unconstitutional about it, then how in the f*ck could your average teenage idiot on the internet know any better? Those who truly think its unconstitutional are conservative hacks who will suckle at the balls of Fox News, the gOP, Ted Cruz, or whoever it is that all those answer to these days.
Its not Unconstitutional because the highest law of the land, the Supreme Court, has already ruled that it isnt.
The federal government collects most of the taxes - the States can't finance their own healthcare system.
And those of you who are opposed to universal healthcare, research the United Nations Human Development Index and look at which countries are in the top of the list. That's right, they all have universal healthcare.
I do not believe that Obamacare is unconstitutional. For one, the Supreme Court already ruled that it is in fact constitutional, because the individual mandate falls under Congress' power to levy and collect taxes as stated in the Constitution. The only part of Obamacare as it was originally structured that was ruled unconstitutional was the mandate that states expand Medicaid. This part was ruled unconstitutional due to it violating the separation of federal vs. state government powers.
The Health care reform act does not violate constitutional rights. The purpose of the bill is to create a fair and equal health care system. The current health care system (because it is privatized) favors the rich. This is unfair to the lower classes because they are unlikely to be able to get the health treatments that they require due to the high cost of health care (as created by the private system).
A quick history of Obamacare ... It is modeled in-part after Romneycare which the GOP never opposed, when one of their own implemented it in the state of Massachuetts. Then, Obamacare became a bill. It passed in the House & Senate. It was signed into law. Since the GOP lost the battle in Congress, they took it to the Supreme Court. There, the SCOTUS upheld it. Had it been unconstitutional, we would have heard it then. With back-to-back losses, the Tea Party vein of the GOP then got the idea to just not fund it. Of course, since Obamacare was now a law & part of the federal budget, they were holding up funding elsewhere. Duh! Now, we have a government shutdown but Obamacare is operational as of today. The latter is the real joke in this mess!
Others have made similar remarks, but Edmund Burke once said,
“Those who don't know history are doomed to repeat it.” This is so true. Connections with the John Birch Society hurt the GOP, in the 1960's. But ... Somebody decided to resurrect the same tired ideology in the Tea Party. In 2011, these individuals pushed to default the government. As a result, the GOP lost seats in the House & Senate in 2012. Seventeen years ago, the GOP was blamed for the last government shutdown. In 2013, they are bearing the largest portion of blame again. After the last government shutdown, Clinton's popularity soared to its highest ever. It will be interesting to see if Obama's does the same. Following the last government shutdown, the GOP lost the next Presidential election ('96). Will this shutdown rob them of the White House in 2016? Only time will tell. Still, it is amazing how people can foolishly repeat some of the worst ideas/actions in history and assume they will have a better outcome!
You folks have no clue what you are talking about and you must be unfamiliar with how Federal Legislation is passed by Congress in the USA.
The “Patient Protection and Affordable Care Act,” which has an abbreviated name ACA – Affordable Care Act was passed by Congress and signed by President Obama in March 2010, when it became law.
This law can only be repealed by a two-thirds vote in both the House of Representatives and the Senate, which will most likely never happen.
The Supreme Court rejected the “penalty” argument on June 28, 2013.
"The high court rejected the "penalty" argument."
"The payment is not so high that there is really no choice but to buy health insurance; the payment is not limited to willful violations, as penalties for unlawful acts often are; and the payment is collected solely by the (Internal Revenue Service) through the normal means of taxation,"
And, depending on your taxable income, many will not have to pay anything because they don’t have a health care policy.
And, you are not being forced to buy insurance; but, you are being accessed a tax penalty if you don’t; there is a difference.
Although many young people believe that they will never get sick and should not have to purchase health insurance, many young people do get sick or injured and end up costing the taxpayers billions annually because they end up in the emergency room.
This is similar to auto insurance that is mandatory in all states.
Some people, very few, will never have an auto accident. The average rate of auto accidents is 1 in every 15 years, i.E. Most people will have 1 auto accident every 15 years. So, you are being forced to have automobile coverage in 14 of the 15 years in which you will not have an accident, on average. Even if you don’t own an automobile and only take public transportation, part of the fee you pay for public transportation is to cover the insurance costs. So, you are being forced to pay for insurance, one way or the other.
There really is no difference between all States requiring you to purchase automobile insurance and the Federal Government requiring you to purchase a health care policy, except the States penalties for not having an automobile insurance are higher and you have no choice.