Is Anybody There?

. . . . . . . . . . . . . . . . . Not by might, nor by power, but by my Spirit,' says Yahweh Sabaoth" Zach 4:6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dio di Signore, nella Sua volontà è nostra pace!" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." Ben Franklin 1759

Monday, January 18, 2010

US Constitution. What Constitution????

Here is the summary & opening paragraphs from a Heritage Foundation that takes a look at the serious Constitutional issues involved in ObamaCare. It is a bit long, but it does take an excellent look at the many ways in which the various forms of health care reform mandate actions that violate the Constitution. Follow the link for the entire article.


by Randy Barnett, Nathaniel Stewart and Todd F. Gaziano

Executive Summary
A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States. An individual mandate would have two features that, in combination, would make it unique. First, it would impose a duty on individuals as members of society. Second, it would require people to purchase a specific service that would be heavily regulated by the federal government.[1]
This statement from a 1994 Congressional Budget Office Memorandum remains true today. Yet, all of the leading House and Senate health-care reform bills being debated in Congress require Americans to either secure or purchase health insurance with a particular threshold of coverage, estimated by CBO to cost up to $15,000 per year for a typical family.[2] This personal mandate to enter into a contract with a private health insurance company is enforced through civil and criminal tax penalties in section 501 of the House bill[3] and with a freestanding mandate and equally questionable civil tax penalties in sections 501 and 513 of the pending Senate bill.[4]
The purpose of this compulsory contract, coupled with the arbitrary price ratios and controls, is to require many people to buy artificially high-priced policies to subsidize coverage for others as well as an industry saddled with other government costs and regulations. Congress lawfully could enact a general tax to pay for these subsidies or it could create a tax credit for those who buy health insurance, but that would require Congress to "pay for" or budget for the subsidies in a conventional manner. The sponsors of the current bills are attempting, through the personal mandate, to keep the transfers entirely off budget or--through the gimmick of unconstitutional taxes or penalties they dub "shared responsibility payments"--make these transfers appear to be revenue-enhancing.

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