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HOW is the healthcare bill unconstitutional? Any explanations?

T-Dawg

T-Dawg

Self-appointed Lunatic
I've heard a lot of claims that the healthcare bill is unconstitutional, but I've never heard it being explained HOW it violates the constitution (of course, if this gets taken to the SCOTUS, it'll probably end up in the lunatics' favor, as at least 5/9 and probably more of the court is conservative).

Anyone care to explain how the healthcare bill violates the constitution? (And seriously, many of the people claiming this are the same people that advocate keeping the Patriot Act. Anyone care to explain that one?)
 
9-10ths_Penguin

9-10ths_Penguin

1/10 Subway Stalinist
Premium Member
If I understand the argument, they're saying it's a states' rights issue. The argument is that oversight of health care wasn't a power that was granted to the Federal government under the Constitution, and therefore by the Tenth Amendment, it's a state responsibility:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
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However, the response I've heard is that health care falls under "general welfare" and is therefore responsibility for it is granted to the Federal government by the preamble to the Constitution:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
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I dunno. I don't see how this bill would be any less constitutional than Medicare or Medicaid.
 
Walkntune

Walkntune

Well-Known Member
I think forcing people who believe in alternative preventive medicine to purchase something they don't believe in is unconstitutional.
I personally believe medicine has its place but unfortunately is completely abused in suppressing symptoms in a lot of cases instead of dealing with the ailments at hand.
I don't totally go against medicine but its complete abused in the name of the almighty dollar and now will be forced upon everyone. It will be the governments way and the drugs they want to push.
Whatever lobbyists are running the country I guess?
 
Sunstone

Sunstone

De Diablo Del Fora
Premium Member
Some people are arguing that it's unconstitutional because it mandates that people purchase something (i.e. insurance).
 
Alceste

Alceste

Vagabond
Walkntune said:
No it is not! You get to choose to drive and have insurance. You are not born in debt to it.
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Well you're not being forced to buy insurance either. You're being given the choice of either purchasing insurance or paying a little bit of extra income tax. (Which, IMO, is more than fair, due to the additional, unnecessary burden on the public purse that voluntarily uninsured people bring about.)
 
Valjean

Valjean

Veteran Member
Premium Member
Like abolition, woman's suffrage, the New Deal, Social Security, civil rights and seatbelts it will ruin the economy and bring about America's downfall.
 
Alceste

Alceste

Vagabond
Walkntune said:
I agree!
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Sarcasm.jpg
 
Twilight Hue

Twilight Hue

Twilight, not bright nor dark, good nor bad.
Alceste said:
Just browsing around, I see that the complaint is that it interferes with state's rights (10th amendment), and the defense is that the constitution explicitly grants congress the power to regulate interstate commerce (commerce clause).
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In addition, the healthcare law upsets the checks placed on any one government body from wielding too much power and becoming overly centralised. An unchecked power like that can easily become serious trouble in the making. Our Constitution was set up to avoid that from occurring.

Also I'm not under the impression that the government federal or state can even legally force its citizens to purchase a product or service from any private entity. Regulate yes. Mandate no.
 
Alceste

Alceste

Vagabond
Nowhere Man said:
In addition, the healthcare law upsets the checks placed on any one government body from wielding too much power and becoming overly centralised. An unchecked power like that can easily become serious trouble in the making. Our Constitution was set up to avoid that from occurring.

Also I'm not under the impression that the government federal or state can even legally force its citizens to purchase a product or service from any private entity. Regulate yes. Mandate no.
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You are not being "forced". You can either purchase health insurance or pay a levy on your income tax that will go toward the cost of public health care.
 
Mr Cheese

Mr Cheese

Well-Known Member
heck the republicans are calling this health amendment Armageddon...

once again, we should let the poor die and let everyone else pay really wonderful costs...

"Don't get sick, DOnt grow old, Just stay healthy, do as you're told"

--Carter the Unstoppable sex machine
 
Mr Cheese

Mr Cheese

Well-Known Member
Speaking without his suit jacket, Obama suggested that opposition springs from "fear-mongering and plenty of overheated rhetoric.''

He added: "You turn on the news, you'll see the same folks are still shouting about how it's going to be the end of the world because this bill passed. …. Leaders of the Republican Party, they called the passage of this bill ‘Armageddon.' Armageddon! End of freedom as we know it! So after I signed the bill I looked around to see if there were any asteroids falling. Some cracks opening up in the Earth! Turned out it was a nice day!''


.........
Outside the field house, Mike Moehlenhof, a 24-year-old college student majoring in accounting, carried a Tea Party sign. Asked about the new law, he said he was displeased that it contains a "public option.'' Told that it does not, he said he wasn't convinced.

"It's a major expenditure that for me as a young man, I'll have to pay for for the rest of my life,'' Moehlenhof said.

Obama Promotes Health Bill In Iowa - latimes.com
 
Mr Cheese

Mr Cheese

Well-Known Member
tumbleweed41 said:
I would realy like to know if Walkintune was being sarcastic, or if he really feels that abolition, woman's suffrage, the New Deal, Social Security, civil rights and seatbelts have led to the downfall of America.
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goign by his other posts, I suspect he is beign serious
 
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