Stanley Feld M.D.,FACP,MACE
There are a growing number of congressmen and constitutional lawyer that are challenging the constitutionality of President Obama’s healthcare bill.
The American Center for Law and Justice, is prepared to take the case to the Supreme Court and challenge its constitutionality if the bill is passed by Congress.Senator Orin Hatch, a longtime member of the Judiciary Committee, said recently
“I think there’s a real constitutional issue there,”
“You know, the illustration they give all the time is: Well, states require people to buy auto insurance. Yeah, they do, if they want to drive,” said Hatch. “But here would be the first time where our [federal] government would demand that people buy something that they may or may not want.”
President Obama taught constitutional law in Chicago. He should understand the Bill of Rights. The justification for President Obama’s view is discussed beautifully in a Washington Post article by Ruth Marcus. The issue is between a strict interpretation of constitutional rights and a broad interpretation of interstate commerce.
President Obama’s bill being debated in Congress requires Americans to either secure or purchase health insurance with a particular threshold of coverage, estimated to cost up to $15,000/year for a typical family or pay a tax penalty. Such a purchase mandate has never been attempted.
The underlying purpose of this forced healthcare insurance purchase, coupled with the arbitrary price ratios and controls, is to require all citizens who do not qualify for government subsidy to buy artificially high-priced policies to subsidize the coverage for others. Its stated purpose is to increase the insurance pool. Increasing the insurance pool and increasing the deductible will presumably keep insurance premiums down.
I believe this will not solve the healthcare insurance problem.
A reader sent me letter that critiques President Obama’s healthcare bill. It is written by Michael Connelly a constitutional lawyer. I called Mr.Connelly and received verbal permission to publish his critique.
Michael Connelly’s critique also appears on his excellent and insightful blog site http://michaelconnelly.viviti.com/.
OBAMA HEALTHCARE BILL:
I have done it! I have read the entire text of proposed House Bill 3200
To begin with, much of what has been said about the law and its
Instead it is a convenient cover for the most massive transfer of power to the Executive Branch of government that has ever occurred, or even been contemplated.
If this law or a similar one is adopted, major portions of the Constitution of the United States will effectively have been destroyed.
The first thing to go will be the masterfully crafted balance of power between the Executive, Legislative, and Judicial branches of the U.S. Government.
The Congress will be transferring to the Obama Administration authority in a number of different areas over the lives of the American people and the businesses they own.
So, there are three of those pesky amendments that the far left hate so much out the original ten in the Bill of Rights that are effectively nullified by this law. It doesn't stop there though.
I could write many more pages about this legislation, but I think you get the idea. This is not about health care; it is about seizing power and limiting rights.
Article 6 of the Constitution requires the members of both houses of Congress to "be bound by oath or affirmation" to support the Constitution. If I was a member of Congress I would not be able to vote for this legislation or anything like it without feeling I was violating that sacred oath or affirmation. If I voted for it anyway I would hope the American people would hold me accountable.
Here is a link to the Constitution:
And another to the Bill of Rights
There you can see exactly what we are about to have taken from us.
None of these provisions will guarantee universal coverage, affordable healthcare insurance or improve the quality of medical care. President Obama has a chance to pass a historic healthcare bill that would Repair the Healthcare System. If this present bill passes it will not achieve his goal while increasing taxes, increase federal government power over our freedoms to choose, and increase out of pocket expenses.
Write to the President and congress.
The email address can be found at;