Does mandating health care violate constitution
Most Americans have invested if they've ever held a job, some are vested and collecting their expected returns, still others are collecting well beyond what they ever put in, and all the while politicians continually raid the Social Security piggybank.It's a staple of American life, however unconstitutional its genesis.So the 16th Amendments grant of power to Congress to assess an income tax does not apply.The Constitution does allow Congress to assess a capitation tax, but that requires the tax be assessed evenly based on population. It exempts and carves out far too many exceptions to past muster as a capitation tax.As the National Review points out, This is a direct tax on the middle class.It is clear that through its proposed 0 billion in tax increases, the 0 billion in Medicare cuts, and the individual mandates and regulations, Obamacare will swiftly harm our country. As a tax increase, it is a big one.The Obamacare mandate may have been deemed a tax by Justice Roberts, but it is still unprecedented and unconstitutional even as a tax. The legal gymnastics and convoluted contortions that were performed by Justice Roberts are beyond comprehension.
(4) The Federal government (HHS/IRS) having full access to your bank account against your will, to make sure that you are paying your Obamacare premiums, infringes upon your right to be secure in your person, papers, and effects, as do unreasonable searches into personal health insurance records; Anyone familiar with financial matters knows that a prospectus is required before someone purchases anything, but to find out about Obamacare you have to give them all your personal information . (5) Excessive fines, in the guise of the Obamacare penalty, violate the Constitutional promise contained in the words Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (8th Amendment) The violation stems not only from the penalty, but also from mandating private citizens to purchase health insurance.
So we have a law which, because the Court altered it, is a law that has not passed Congress nor been signed by the President." There are two things we know for certain about Justice Roberts decision in the Obamacare case.
First, Roberts originally said the law was unconstitutional.
* * * * * (1) Clearly, the abortion coverage and the contraception mandates do infringe upon freedom of religion (1st Amendment), and are the focus of a number of current lawsuits brought by the University of Notre Dame, Franciscan University of Steubenville, and dozens of Catholic hospitals and organizations, including Priests for Life, The Archdiocese of New York, the Archdiocese of Washington, D. Furthermore, Congress may not commandeer state decision making in the service of federal goals. (8) Why is Obamacare, via its mandate to buy insurance, not utterly illegal in that Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.? It is the federal government forcing people to work in finding an insurance policy to take an economically productive action for another, without compensation. Is that not the definition of involuntary servitude?
None of those powers authorize control of the health care system outside the District of Columbia and the federal territories.
And how do you allow thousands of exemptions and special privileges for almost two million Americans who do not have to participate in Obamacare and reconcile that special treatment with equal protection of law for the other 299 million or more? (10) The SCOTUS has defined the Obamacare penalty as a tax.