Un-Constitutionality of Health Care Take Over by the Federal Government

We have sweetheart deals, arm twisting and possible job offers from the White House for a yes vote, the President delaying his Australian visit to help Rahm this through.

We also have every poll showing Americans are against this legislation.

Regardless of where you are on this issue, is it constitutional to begin with? First argument out of the box is the oft abused commerce clause, general welfare or taxing & spending, but this is an excellent write up by CNS News:

The Commerce Clause, which allows the federal government to regulate interstate commerce, does not apply to the health care bill, “because there is no interstate commerce when private citizens do not purchase health insurance,” The Conservative Action Project said. The Commerce Clause covers only those matters where citizens engage in voluntary economic activity.

“Government can only regulate economic action; it cannot coerce action on the part of private citizens who do not wish to participate in commerce,” the conservative group said.

Nor is the bill’s individual mandate authorized under the General Welfare Clause., which applies only to congressional spending. “It applies to money going out from the government; it does not confer or concern any government power to take in money, such as would happen with the individual mandate. Therefore the mandate is outside the scope of the General Welfare Clause.”

And finally, the Conservative Action Project says the individual mandate is not authorized under the Taxing and Spending Clause or Income Tax. The Constitution only allows certain types of taxation from the federal government, and the health care bill does fall in those categories.

Don't even go to the stupid auto insurance argument. If you don't have a car you are NOT forced to buy insurance.

I also usually hear some crap about "well then I guess social security is un-constitutional too". Actually, YES it is! The only way that was passed, FDR increased the number of court justices so he could pad it with buddies who would vote his way. He got a lot of legislation and entitlement programs through by CHEATING!

The biggest danger of this legislation is not just the establishment of yet another budget killing entitlement program as we all keep concentrating on. That by itself would be reason enough to be concerned.

No this is far more important and insidious. It is a direct assault on the 10th amendment. Nullification of states rights. Our republic was set up to have power begin with the people, THEN the states, THEN the Federal government. We have allowed ourselves to become complacent and have GIVEN AWAY our power.

Virginia today passed the American Legislative Exchange Council's Freedom of Choice in Health Care Act, a state constitutional amendment that protects individuals, employers, and health care providers from being forced to participate in any health care system and preserves individuals' right to pay directly for care.

There are 37 other states with similar pending legislation. This is a big NO to the Federal mandate.

People, this should have been the rallying cry from the very beginning!!!!!!!! Why were we wasting time talking about money for abortions, single payer, exchanges, costs, etc., when the ENTIRE premise is flawed!!!! NOW, senators are starting to wake up. Hmmmm, just in time to get re-elected?

Tea Party lawyers are getting prepared to take this to court. We will be watching this.

Don't give me any crap about falling prey to the multi-billion dollar special interests of the insurance companies. They have nothing to do with this.

If we continue to let Washington run over the states rights, we'll either loose all our rights and there will be no difference living in Texas versus New York. OR, we will have another Civil war.

We were originally These United States of America. That is important. Without these distinctions to separate one from another, preserving their rights, then we will only exist as one entity, until that entity is absorbed into the next entity. There is already talk of a North American Union similar to the EU.

At what point is it ok to lose our identity. The hell with health care. This is a fight for our existance.