ObamaCare’s individual mandate likely to be found unconstitutional

As of this writing, 14 states have joined in the lawsuit headed by Attorney General Bill McCollum of Florida suing the federal government’s recent healthcare law, stating that it violates the Commerce Clause, forces states to cover programs they can’t afford, and forces every American to purchase healthcare insurance. Some pundits say that the Supreme Court will not overturn the law, but they have overturned similar laws, and all hope is not lost.

In 1936, the conservative Supreme Court led by Chief Justice Charles Evans Hughes overturned several of Franklin D. Roosevelt’s New Deal programs. To get back at the court, President Roosevelt sought to do some “court packing” by proposing the Judicial Reorganization Bill which would allow the president “to name a new federal judge for each judge who didn’t retire by 70 1/2” and of those, six would be added to the Supreme Court.

The president received quite a push-back from both parties, but refused to compromise. In the end, he not only lost the bill but the Democrats lost control of Congress in the next election.

Opponents of the law see Chief Justice Roberts and Justices Alito, Thomas and Scalia as the conservatives who could vote with the states in overturning the new law, and Justice Kennedy as the deciding factor.

The 1995 case, United States vs. Lopez, gave us an insight into Kennedy’s view of the Commerce Clause. Justice Kennedy said that Congress is limited in its powers under the Commerce Clause. If Congress could “regulate local acts of gun violence simply because it had a local impact,” then they could nationalize the police force on the theory that all crime has an economic impact.

Supporters of the law state that insurance coverage has an economic activity. This may be true, but right now insurance is regulated by the state. In the Lopez case, the Rehnquist Court stated that Congress had overstepped its boundaries in regards to the 10th Amendment.

Congress and the president want to make not purchasing healthcare insurance a crime punishable by a fine or jail time. If the Supreme Court doesn’t stop the healthcare bill, then what is to stop Congress from passing bills mandating that we buy a General Motors car every year?

Congress could take their win as a ruling that they can force us to purchase anything even if we don’t want it.

In Gonzales v. Raich (2005), Justice Clarence Thomas stated that “If Congress can regulate this [marijuana] under the Commerce Clause, then it can regulate virtually anything – and the federal government is no longer one of limited and enumerated powers.”

We must support any governor, lt. governor, or attorney general who joins the fight against this unconstitutional law. It is vital that we support congressional candidates who will work to repeal and replace ObamaCare with a free market system that includes tort reform. We can win this fight but we have to continue to make repeal and replace a theme of this year’s mid-term elections.

Laura Lunsford

Fayetteville, Ga.

PTC Observer
PTC Observer's picture
Joined: 04/23/2007
Taxes Defined

"An involuntary fee levied on corporations or individuals that is enforced by a level of government in order to finance government activities."

Licenses, fees, tariffs, taxes, all the same thing.

HC is a service and a fee imposed on those that don't purchase HC is a tax by any other name.

Hope this clears up this little matter of symantics.

Don't let facts get in the way on how you feel.

Bonkers's picture
Joined: 03/01/2010
PTC Observer

Is the 911 fee, the phone tax fee, the right to use the airways fee, and the rest of the $25-$30 "fees" I pay on my phone and Internet bill each month all legal. Do you suppose libertarians and hutarees would have phones and Internet and TV?

The problem is this:
Conservatives, hutarees, libertarians, etc., lie and say fees are not taxes when THEY raise them.

Here is my definition: all charges made to me where I can't help but pay them to get "services" are taxes.

Bonkers's picture
Joined: 03/01/2010
PTC Observer

No, a fishing license is a "fee," not a tax according to conservatives!

Hard to force everyone to get sick, also.

I just discovered that the city is charging me for water! I thought that was included in my tax bill. I guess it is a fee.
Then I got to looking and discovered that I pay for a license to drive my golf cart on the cart path. That must be a fee, but I thought taxes built the paths!
Then I realized that I pay sewer "fees" which are in relation to my water bill.
Also, I am about to get a "fee" bill soon to pay for the rain that runs off my property. Look I didn't ask for the rain! What if I put a tent over my property!

Anyway, what does the Constitution and the state and federal laws say about the right (or privilege) of a human being to be treated for sickness or wounds? What about the pay for such treatment? What if the bill is $250,000? Why are there such high bills anyway which hardly anyone can pay--even insurance companies demand huge discounts before they will pay---than cancel you.
Why does Barbara Bush, a Georgia Senator, and Civil Rights leaders get to be watched after in a hospital for weeks, when I am required to go home that day or the next?

Is that elitism or a method of avoiding hell being raised?
Even the Saudis come here and camp in hospitals when they are ill! Go ahead and tell me they pay what is billed---I dare you.

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