Saturday, January 16, 2010

Tenth Amendment and HealthCare bill

I'm a firm believer in the Constitution. Here is something constitutional that ObamaCare can be challenged on in the Supreme Court:


http://www.foxnews.com/opinion/2010/01/13/ken-klukowski-tenth-amendment-democrat/

(I have included the main points of the article. Please read the complete article on the website above.)

An Obamacare Shocker

Much has been written about how the Obamacare individual mandate is unconstitutional. Less discussed, however, is that another key part of the Senate’s version of Obamacare likely violates the Tenth Amendment. And some states are preparing to sue....

....The Senate version of Obamacare includes a possible violation of the Tenth Amendment, which provides that any powers that either are not expressly granted to the federal government, or are not expressly denied to the states, are reserved to the people or to the states....

.....(from two cases spelled out in the complete article) emerged the anti-commandeering principle, holding that the Tenth Amendment forbids the federal government from commandeering—or ordering—any branch of state government to do anything. The states are sovereign and answer only to their voters, not to Washington, D.C.

Therein lies the problem for the Senate's Obamacare bill. It requires each state to pass laws setting up a statewide non-profit insurance exchanges. It then requires the states to pass regulations for implementing those laws. And it further requires the states to dedicate staff and spend state money to administer those programs......



I do not trust the federal government to take over health care, and I do believe in state's rights and a limited federal government. I am praying that this health care bill does not pass.


You might also want to read this article, on all the new taxes that Obama has proposed:
http://www.cnbc.com/id/34864985
It is definitely depressing.


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