Showing posts with label Unconstitutional. Show all posts
Showing posts with label Unconstitutional. Show all posts

Monday, March 26, 2012

Obamacare Goes to the United States Supreme Court



Today began the oral arguments by attorney generals of 26 states vs the HHS and Obama Administration over the constitutionality of the Patient Protection and Affordable Care Act, better known as Obamacare.


What is at stake here, is just not whether we as a people will have to purchase healthcare insurance and help pay for coverage to those less fortunate in our society. NO! What is at stake here is our individual liberties, to live free to make our own decision, through our own will & desire.

Some fine examples are given here by Karen Harned in an opinion piece done on the Fox News site.

Those 5 things, she lists, nails it to what you can expect in your lives, and those of your future generation, will endure if USSC rules in favor of Obamacare, that it is constitutional.

1) The American ideal of freedom

It will strip Americans of the freedoms they hold dear and chisel away their ability to exercise individual liberties and freedoms.

If the law stands, the checks on the government’s power will be all but gone. It will have the power to tell every individual, every religious institution, every family and every business what it must do in order to be an American. Under the false pretense of serving “the public good,”

2) The freedom to purchase whatever product you want with your own money

The government has never been able to force Americans to buy something or pay a penalty in the history of this nation. If the individual mandate is upheld, the Constitution will not protect Americans from any mandate Congress wants to impose.

If Congress decides that Americans aren’t saving enough for retirement, the government could mandate that every individual open a retirement account and require that they fund it a certain level every year.

3) The right to own and operate your small business

Small businesses create over 60 percent of the nation’s new jobs. The job market is stagnant and the health care law has had a palpable chilling effect on the sector and caused many small businesses not to hire.

4) The power to decide what is medically best for our families and businesses

If ObamaCare is upheld, over half of all Americans would be forced onto some type of government-run health-care by the end of the decade. Elite bureaucrats would be in charge of deciding what medical tests you need or should have based on costs.

5) The economic future of this country

ObamaCare is already a significant drag on the nation’s economy and could threaten to sink it even further when the mandate goes into effect in 2014. Not surprisingly, its costs were vastly underestimated during the national debate.

President Obama’s 2013 budget estimated that the cost of providing health insurance to millions of middle-class Americans over ten years will jump by 30 percent.
What would be the ultimate loss here is our Federalist form of Government. It will be lost forever, not even an amendment to the constitution could change such a ruling.

Article 1; Section 8 “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”

Will then read:

“To regulate Commerce with foreign Nations, and among the several States AND IT’S PEOPLE, and with the Indian Tribes.

There will be no way to answer such a drastic change of our nation. Answers will not come from peaceful protest, not from petitioning the government for redress of grievances, nor exercising our right to vote.

No, none of that shall work in our favor.

There is only one way back to the Republic. And with that said, I present words from the past.

"The liberties of our Country, the freedom of our civil constitution are worth defending at all hazards: And it is our duty to defend them against all attacks. We have receiv'd them as a fair Inheritance from our worthy Ancestors: They purchas'd them for us with toil and danger and expense of treasure and blood; and transmitted them to us with care and diligence. It will bring an everlasting mark of infamy on the present generation, enlightened as it is, if we should suffer them to be wrested from us by violence without a struggle; or be cheated out of them by the artifices of false and designing men. Of the latter we are in most danger at present: Let us therefore be aware of it. Let us contemplate our forefathers and posterity; and resolve to maintain the rights bequeath'd to us from the former, for the sake of the latter. - Instead of sitting down satisfied with the efforts we have already made, which is the wish of our enemies, the necessity of the times, more than ever, calls for our utmost circumspection, deliberation, fortitude, and perseverance. Let us remember that if we suffer tamely a lawless attack upon our liberty, we encourage it, and involve others in our doom. It is a very serious consideration, which should deeply impress our minds, that millions yet unborn may be the miserable sharers of the event." – Samuel Adams

I am willing to fight for what has been bequeath’d to us by our forefathers, so that I may bequeath liberty to our posterity.


Will You Do The Same?

Monday, January 31, 2011

Florida Judge Rules Obamacare Unconstitutional

Good news for us folks and States who understand the Constitution and the violation of the 111th Congress on our rights.
On to the Supreme Court we go.

MIAMI (Reuters) - A federal judge in Florida struck down President Barack Obama's landmark healthcare overhaul as unconstitutional on Monday, in the biggest legal challenge yet to federal authority to enact the law.

U.S. District Judge Roger Vinson, ruled that the reform law's so-called individual mandate went too far in requiring that Americans start buying health insurance in 2014 or pay a penalty.

"Because the individual mandate is unconstitutional and not severable, the entire act must be declared void. This has been a difficult decision to reach, and I am aware that it will have indeterminable implications," Vinson wrote.
Referring to a key provision in the Patient Protection and Affordable Care Act, he sided with governors and attorneys general from 26 U.S. states, almost all of whom are Republicans, in declaring it unconstitutional.

"Regardless of how laudable its attempts may have been to accomplish these goals in passing the Act, Congress must operate within the bounds established by the Constitution," the judge ruled.

The administration said it may ask the U.S. appeals court to hold off on any changes in the implementation of the law pending an appeal Judge Vinson's decision. The highly politicized issue will likely end up at the Supreme Court for final determination.
The plaintiffs represent more than half the U.S. states, so the Pensacola case has more prominence than some two dozen lawsuits filed in federal courts over the healthcare law.
The healthcare overhaul enacted last year, a contentious cornerstone of Obama's presidency, aims to expand health insurance to cover millions of uninsured Americans. Administration officials insist it is constitutional and needed to stem huge projected increases in healthcare costs.

Two other district court judges have rejected challenges to the individual mandate.
But a federal district judge in Richmond, Virginia, last month struck down that central provision of the law in a case in that state, saying it invited an "unbridled exercise of federal police powers."
RULING DRAWS SOME SHARP CRITICISM
There was immediate strong reaction to the ruling.
Ron Pollack, executive director of Families USA, an influential national advocacy group that pushed for the healthcare overhaul, called Vinson's decision an example of "radical judicial activism run amok" and predicted it would be reversed on appeal.
"The decision flies in the face of three other decisions, contradicts decades of legal precedent, and could jeopardize families' health care security," he said in a statement.
"This just adds to the conflicting nature of the rulings that we've seen so far," said Matthew Coffina, an analyst with Morningstar.


"I think everyone watching the industry at this point has been expecting the Supreme Court to ultimately decide this situation, so I think that's the main reason you're not seeing the stocks react one way or another right now," Coffina said.
The states involved in the lawsuit were Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Louisiana, Michigan, Mississippi, Nebraska, Nevada, Pennsylvania, South Carolina, North Dakota, South Dakota, Texas, Utah, Washington, Iowa, Ohio, Kansas, Maine, Wisconsin and Wyoming.