Wednesday, February 2, 2011

Of Course the Health Care Reform Bill is Unconstitutional

A federal judge in Florida has ruled the Affordable Care Act of 2010 unconstitutional. This brings the score to a two/two tie" two judges have said it's constitutional under the Commerce Clause, and two have said no. The case will surely go the US Supreme Court.

Yet no matter what the Supreme Court may rule, and at this point a ruling that it is against the Constitution is likely, the fact is that the Commerce Clause was never intended to go right down to the individual. Indeed, in most areas where the federal establishment has reached all the way down to the single person, it has only been after constitutional amendments such as the 16th, which allowed a so-called 'head' tax (income tax) to be levied directly against the individual.

The point is made clear by constitutional scholar Randy E. Barnett of Georgetown. "Never before in American history has the commerce clause been used to impose a mandate on all Americans to enter into a commercial relationship with a private company," Barnett has asserted. "Up until today, all previous exercises of the commerce power had been to regulate activity or to prohibit certain activity."

The entire health care debate is simply another manner in which the liberals are trying to paint the Constitution in their favor. They do not believe in the rule of law. They believe in what they believe and want what they want, and will do whatever they can to achieve it. Even if that means a lobotomy for the US Constitution.

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