Tuesday, November 24, 2009

Obamacare is Unconstitutional and Immoral

In David Rifkin, Jr. and Lee A. Casey's article, they explain exactly how Obamacare is unconstitutional. The "individual mandate" makes Obamcare unconstitutional since Congress does not have the authority to require every American to buy health insurance. "The Constitution assigns only limited, enumerated powers to Congress and none, including the power to regulate interstate commerce or to impose taxes, would support a federal mandate requiring anyone who is otherwise without health insurance to buy it."

"The otherwise uninsured would be required to buy coverage, not because they were even tangentially engaged in the "production, distribution or consumption of commodities," but for no other reason than that people without health insurance exist. The federal government does not have the power to regulate Americans simply because they are there. Significantly, in two key cases, United States v. Lopez (1995) and United States v. Morrison (2000), the Supreme Court specifically rejected the proposition that the commerce clause allowed Congress to regulate noneconomic activities merely because, through a chain of causal effects, they might have an economic impact. These decisions reflect judicial recognition that the commerce clause is not infinitely elastic and that, by enumerating its powers, the framers denied Congress the type of general police power that is freely exercised by the states."

 Ed Morrissey states in his article that an individual mandate would be unprecedented. He states, "A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States."

Ed Morrissey quoted both Thomas Jefferson and James Madison in explaining the "general welfare" clause and its close connection to enumerated powers and their limitations:

Money cannot be applied to the General Welfare, otherwise than by an application of it to some particular measure conducive to the General Welfare. Whenever, therefore, money has been raised by the General Authority, and is to be applied to a particular measure, a question arises whether the particular measure be within the enumerated authorities vested in Congress. If it be, the money requisite for it may be applied to it; if it be not, no such application can be made. (James Madison, via Quoty)

[O]ur tenet ever was, and, indeed, it is almost the only landmark which now divides the federalists from the republicans, that Congress has not unlimited powers to provide for the general welfare, but were to those specifically enumerated; and that, as it was never meant they should raise money for purposes which the enumeration did not place under their action; consequently, that the specification of powers is a limitation of the purposes for which they may raise money. (Thomas Jefferson, via Quoty)

If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one, subject to particular exceptions. (James Madison, Letter to Edmund Pendleton, January 21, 1792 Madison 1865, I, page 546)

Please go over and take a look at RightKlik's post in which he does an excellent job of presenting the reasons why Obamacare is unconstitutional, unpopular, and illegitimate.

The Manhattan Declaration is:

Christians, when they have lived up to the highest ideals of their faith, have defended the weak and vulnerable and worked tirelessly to protect and strengthen vital institutions of civil society, beginning with the family.
We are Orthodox, Catholic, and evangelical Christians who have united at this hour to reaffirm fundamental truths about justice and the common good, and to call upon our fellow citizens, believers and non-believers alike, to join us in defending them. These truths are:

the sanctity of human life

the dignity of marriage as the conjugal union of husband and wife

the rights of conscience and religious liberty.

Inasmuch as these truths are foundational to human dignity and the well-being of society, they are inviolable and non-negotiable. Because they are increasingly under assault from powerful forces in our culture, we are compelled today to speak out forcefully in their defense, and to commit ourselves to honoring them fully no matter what pressures are brought upon us and our institutions to abandon or compromise them. We make this commitment not as partisans of any political group but as followers of Jesus Christ, the crucified and risen Lord, who is the Way, the Truth, and the Life.

Please sign the petition here for this very worthy cause.

 Eutychus posted the information on The Mahattan Declaration right from the start, so I am encouraging everyone to please check out his blog.

If the government isn't for us, then its against us. In my opinion, the government has proven itself to be illegitimate since the government if ever, but definitely now, no longer represents the will of the people. I believe that this government has become a domestic threat to our very being, our welfare, and our lives. The Obama administration is no longer (probably not ever) looking out for the best interests of its citizens. The "individual mandate" in Obamacare is unconstitutional. It may be time for us as citizens to follow in Martin Luther King Jr.'s footsteps and exercise civil disobedience to a government which would force its citizens to abandon their consciences. We must continue the good fight to ensure that the Obama administration does not take away both our freedom and liberty.


The_Kid said...

I have no doubt the Dems are constantly working for the destruction of America.

Opus #6 said...

It is so very unconstitutional. Which makes me wonder. Why don't the congress (many of whom are lawyers) raise a hue and cry against the treasonous legislation they are considering?

Eman said...

How any lawmaker worth his salt in Washington can claim they can make you buy something or fine you and send you to jail is diluting themselves in the extreme. This healthcare plan, no matter how they try to bundle it, can’t hold up in any court (Well, maybe is some Mass. Court) and will never pass the smell test of any true judge. What a testament to how congress is wasting time and money. I feel safest when they are on recess. The contrary and contradictory laws they continue to see needs for are regulating our society death. Great points, great article and great call Mrs. Rice.

Teresa said...

That is an excellent idea!! That never occured to me until you mentioned it now. Maybe we should send emails to all the lawyers in congress suggesting just that?

Yes, this is a treasonous legislation.

Teresa said...

The Kid,
I agree. And, we stop the destruction of America in a way that our Founding Fathers would be proud.

Teresa said...

I also feel safer when congress is in recess. It makes me happy every time congress takes a break since they are taking a break from their continued destruction of this country.

WomanHonorThyself said...

hey Teresa! BLESSED THANKSGIVING MY FRIEND!!..I am tryin not to think of all the madness for the next few days!..hugs!

Teresa said...

Have a Blessed Thanksgiving!! That sounds good, taking a break from this madness. Have a great time relaxing with family & friends.

Soloman said...

I pray for the day that we have a Congress that realizes its job is more about doing nothing as opposed to constantly doing something. It's like a never-ending competition to write more and more legislation in DC, and it's become obscene.

Our Constitution, as your post describes, allows Congress only limited powers, not never-ending, far-reaching power.

And dammit, I'm tired of trying to keep up with those idiots!! But we must...