KingCondanomation
New member
This is great and though we all can't stop the push to halt this dangerous massive spending and intrusive bullshit flying under the name of healthcare "reform", at least if it does pass as the far left are trying to push it, then there is a good chance it will be struck down as unconstitutional.
In fact there are THREE different ways it could be struck down, at least one of them hopefully will be successful
"First is a broad challenge on states’ rights grounds, particularly with respect to health care. In Gonzales v Oregon, which concerned that state’s assisted-suicide law, the government argued that doctors who prescribe lethal doses of medication violate federal law. The Supreme Court rejected that, believing it would constitute “a radical shift of authority from states to the federal government to define general standards of medical practice in every locality.”
Second, the Supreme Court has recognised a right to medical self-determination, notably finding it within the Fifth Amendment’s due-process clause. An individual mandate could violate that right by restricting choices of doctors or procedures.
The last and strongest argument concerns the government’s power to require the purchase of health insurance under the commerce clause. The non-partisan Congressional Research Service found this the most challenging constitutional question related to health-care reform, as the commerce clause, the clause in the constitution that allows the federal government to regulate trade between the states, has never before been used to require that citizens buy a good or service. "
http://www.economist.com/world/united-states/displaystory.cfm?story_id=15721539
As a plea to Dems on here, abandon this bullshit as even if you pass it, it will go down and you end with nothing but looking like Constitution violators.
People should be free to NOT be forced to buy healthcare insurance, it is good to have but it is wrong to force anyone to buy something in the name of protecting them from themselves. And we cannot afford even the existing healthcare we have right now anyway.
In fact there are THREE different ways it could be struck down, at least one of them hopefully will be successful
"First is a broad challenge on states’ rights grounds, particularly with respect to health care. In Gonzales v Oregon, which concerned that state’s assisted-suicide law, the government argued that doctors who prescribe lethal doses of medication violate federal law. The Supreme Court rejected that, believing it would constitute “a radical shift of authority from states to the federal government to define general standards of medical practice in every locality.”
Second, the Supreme Court has recognised a right to medical self-determination, notably finding it within the Fifth Amendment’s due-process clause. An individual mandate could violate that right by restricting choices of doctors or procedures.
The last and strongest argument concerns the government’s power to require the purchase of health insurance under the commerce clause. The non-partisan Congressional Research Service found this the most challenging constitutional question related to health-care reform, as the commerce clause, the clause in the constitution that allows the federal government to regulate trade between the states, has never before been used to require that citizens buy a good or service. "
http://www.economist.com/world/united-states/displaystory.cfm?story_id=15721539
As a plea to Dems on here, abandon this bullshit as even if you pass it, it will go down and you end with nothing but looking like Constitution violators.
People should be free to NOT be forced to buy healthcare insurance, it is good to have but it is wrong to force anyone to buy something in the name of protecting them from themselves. And we cannot afford even the existing healthcare we have right now anyway.