The Real Reason Obamacare is Unconstitutional

[Master PO]

right to travel= natural right

its a privilege to drive on public roads.

 

[ttwtt78640]

The US constitution is the supreme law of the land and in its preamble it says, "to promote the general welfare". The aim of Obamacare is to promote the general welfare but in reality it doesn't. There have been dishonest arguments against Obamacare that have been based on religious ground ie birth control. If that argument were valid then the Jehovah Witnesses could object to blood transfusions and organ transplants and they Muslims could object because some medications are derived from pig thyroid and hospitals serve pork. The Mormons could object to the medical use of stimulants and depressants. The religious argument was dishonest.

Then there is the mandate argument but that to is dishonest. Car insurance is also mandatory.

There real reason is simple. Americans are now mandated to purchase private insurance to pay for the biggest killer and the biggest thief on the planet. The biggest thief and killer on this planet is American Medical industry. Someone will challenge me on that statement when you do be prepared for a fact enema.

According the Blue Cross Blue Shield 1/3 of what Americans pay for health care is waste and fraud. That is more than we spend on national defense or over $750 BILLION per year. Actually the Blue Cross numbers are low.

An estimated 450,000 American are killed by medical errors alone. Some estimates show that medical errors net the industry $1 TRILLION per year.

Obamacare forces Americans to pay for waste, fraud and carnage. The is unconstitutional.

Auto liability insurance is mandatory IFF you elect to opertate a vehicle on public roadways not simply if you have an income. It is also not subsidized (or provided) by the gov't if you "lack resources" to purchase it.

 

[Paschendale]

Obamacare is not unconstitutional. It is, however, insufficient. The preamble is not binding law and the program really does improve the general welfare of the nation. Not enough, but it does make things better. Mandating the purchase of private insurance is a pretty lousy way to do that compared to a comprehensive public system, however. Those 37 countries that do it better than we do, they all have a solid public insurance system that everyone can get, and use private insurance to supplement it, rather than doing it the other way around like we do. Obamacare was forced to abandon its public elements before it even reached the floor, and had to be solely within the private framework. Health is too important to the nation to leave to the whims of private profiteering.

 

[upsideguy]

The US constitution is the supreme law of the land and in its preamble it says, "to promote the general welfare". The aim of Obamacare is to promote the general welfare but in reality it doesn't. There have been dishonest arguments against Obamacare that have been based on religious ground ie birth control. If that argument were valid then the Jehovah Witnesses could object to blood transfusions and organ transplants and they Muslims could object because some medications are derived from pig thyroid and hospitals serve pork. The Mormons could object to the medical use of stimulants and depressants. The religious argument was dishonest.

Then there is the mandate argument but that to is dishonest. Car insurance is also mandatory.

There real reason is simple. Americans are now mandated to purchase private insurance to pay for the biggest killer and the biggest thief on the planet. The biggest thief and killer on this planet is American Medical industry. Someone will challenge me on that statement when you do be prepared for a fact enema.

According the Blue Cross Blue Shield 1/3 of what Americans pay for health care is waste and fraud. That is more than we spend on national defense or over $750 BILLION per year. Actually the Blue Cross numbers are low.

An estimated 450,000 American are killed by medical errors alone. Some estimates show that medical errors net the industry $1 TRILLION per year.

Obamacare forces Americans to pay for waste, fraud and carnage. The is unconstitutional.

Bring on the "fact enema"..... it might be nice to see some substantiated (rather than created from thin air without cites) statements...

 

[CaveDog]

I'm of the school of thought that regards the general welfare statement in the preamble as a constraint on government rather than a mandate requiring action. It was common for governments to play favoritism with a particular group or class of people prior to the revolution. I believe the founders meant to infer that the purpose of our government was to act in the general best interest as opposed to favoring a group such as aristocracy.

That being said, I would agree that's a basis for a constitutional challenge to Obamacare. It's no secret that the purpose of the individual mandate is to compensate the insurance industry for costs incurred by other mandates of the law by forcing the healthy (the young in particular) to pay into the system. Obamacare is simply a clever scheme to avoid instituting a new tax to pay for the otherwise uninsurable. By having the insurance industry collect the "tax" it avoids the concise legal definition of a tax while achieving the same ends. It is however a tax in spirit if not on paper. A surrogate tax, if you will. In that context it is also an arbitrary tax as those who receive insurance as a job benefit don't have to make actual payments while those who don't must pay out of their earnings.

 

[jet57]

The aim of Obamacare is to greatly expand federal power and control without the need for constitutional amendment. As you correctly noted in post #4, the SCOTUS did not consider the preamble; 4 justices decided it was not constitutional (based on the commerce clause), four justices decided that it was constitutional (based on the commerce clause) and one justice decided that it was constitutional (based on the amended/added power to tax income from all sources).

In short, the SCOTUS was wrong to declare that the power to tax income from all sources now includes the power to mandate the purchase of any specific good/service or to pay a tax penalty for not later spending your income properly.

The simple aim of Obamacare is to get medical insurance to those who cannot afford it. The mandate is designed to pick up the financial slack to help cover the cost. I don;t like the mandate, but you can bet your boots that industry was behind that move.