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Healthcare Reform Bill Unconstitutional

ARParty : December 23, 2009

The proposed Healthcare Reform Bill that was passed by Congress and now being modified and argued in the Senate is absolutely unconstitutional in its proposed form. Why do I say this? Simple! There are three basic points under the Constitution which lawmakers believe or overlooked when assuming they have the right to legally pass this bill. Not to mention, it is unconscionable for our legislators to pass such a costly bill at a time of extreme unemployment and uncertainty as to the future stability of our economy and government.

1.) General Welfare of the People: The first point our lawmakers have sited as their authorization for passing the Healthcare bill is that its for the "General Welfare" and "Good of the People". How many times heave we heard this claim by politicians, when justifying his or her actions, that it has become sickening. I can't think of any bill ever passed "For The Good of the People" that hasn't produced an adverse affect or become a boondoggle and money pit for the government and taxpayer. The reality is that its impossible for this bill to be for the General Welfare. Although, the overriding intent of the bill is for the General Welfare by providing healthcare services to all citizens, legislators fail to recognize or see the bigger picture in that, passing this bill will cause a severe hardship upon the country, taxpayer and its citizens.

The added financial burden to the already over taxed  taxpayer and National Debt will put this country and its citizens in greater financial peril and bankruptcy. If the country is placed in a position of financial insolvency we then face a national security risk. Financially we will be unable to properly finance our military forces and secure our national defence positions around the world ultimately leaving us weakened position vulnerable to foreign aggression. Governments, first and foremost, responsibility is to provide for the National Defence and Security to the people. Tell me then how anyone can justify this bills passage in the name of "General Welfare".

2.) Right To Regulate Interstate Commerce: This provision in the Constitution is more likely appropriate for legislators to assume their right. However, it would be a broad assumption which would allow for the anticipated Supreme Court challenge to lawmakers right in passing the bill and its overall constitutionality. The Constitution is clear in that lawmakers have the right to regulate interstate commerce between the states so long as the law created is equal and in the best interest of all the states. The proposed Bill currently Mandates that all citizens MUST purchase and maintain Healthcare Insurance. So the issue lyes in the definition and meaning of the word "COMMERCE" and the intent of this Article in the constitution by our Founders. In applying the provision for their right to regulate commerce, our legislators are making a huge leap that, mandating citizens to purchase a specific good or product is an act of commerce. Although, the act of buying and selling insurance falls within the realm of a transaction of commerce, it is also where their ability to mandate the transaction falls short of authority. Commerce is a right of anyone to freely import, export, trade, barter, exchange or buy and sell products and goods under a set of regulations, established by our Federal and State governments, in which the transaction may be conducted. The word 'freely" is the operative word. We are FREE to choose weather we want to enter into a transaction of commerce. Freedom of choice is being stepped on and ignored by our lawmakers. Furthermore, the constitution prohibits the Federal government from seizing property, or in this case our money being our property, by mandating every citizen must purchase a good or product (Health Insurance). Health Insurance IS NOT a inalienable right.. Health Insurance is a good or product which we have the RIGHT to freely decide to purchase.

3.) Lack of Equality: The role of our government and legislators in passing legislation, is to see that laws they pass are consistent, fair,just and equal as they affect the states and its people. The problem lawmakers have in this regard is the bill is none of the foregoing. The most glaring violation of equality in the proposed bill is the Senates deal with Nebraska limiting its contribution, exemptions and exclusions from paying into the system. In granting Nebraska exclusion from payments forces the remaining 49 states and citizens to foot the bill for Nebraska. Not only is this not equal for all, it is also against the very reason they are insisting we need this legislation, to stop taxpayers from picking up the cost of the un-insured individual. There are several other situations and backroom deals as this one but we think you have the general idea. What Hypocrisy! 

Although, there are several other areas within the Constitution where both the Senate and Congress are violating or prohibited from passing this type of legislation, they are too broad and argumentative for the scope of this article. However, one issue would be, nowhere in the constitution is the federal government authorized or allowed to pass and administer entitlement programs which ultimately the proposed Healthcare Reform Bill would become. It was never intended nor provided for, by our Founders, in the Constitution for the federal government to operate as a business.  They understood the pure and simple rationale that governments role is not designed to be a profit making entity. They simply saw the role of government in regulating commerce and creating a conducive environment for capitalism to flourish.

There is a basic fundamental reason why, for the past 70 years from Teddy Roosevelt and Franklin D. Roosevelt to Bill Clinton and now President Obama, that previous attempts to pass government run health care legislation have been defeated. Those same reason still apply today. Given governments track record of miserable failure in managing Entitlements, the PEOPLE have continually opposed government intrusion into their personal health care decisions. It is my opinion, though extremely unlikely, that every Congressman or Senator voting for this legislation should be recalled from their seat in the house and brought up on charges for intentionally and knowingly violation the laws of our Constitution.

We MUST insist, no demand this bill be stopped!

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