Thread: Personal Mandate to Buy Health Insurance Is Unconstitutional

King joins 9 AGs questioning healthcare bill


Alabama Attorney General Troy King said Wednesday afternoon he is joining with nine other attorneys general to investigate constitutional concerns with a provision of the health care bill being considered by the U.S. Senate, which would exempt only the state of Nebraska from paying Medicaid expenses.

U.S. Sen. Ben Nelson, D-Nebraska, was able to negotiate the changes in exchange for his vote in favor of the bill. He was the necessary 60th vote.

"This is no sweetheart deal, it is a backroom deal of the worst kind," King said in a statement. "Alabama, whose citizens overwhelmingly oppose the current healthcare plan, should not be asked to subsidize vote buying by the Senate leadership. If a bill is so deficient that it lacks sufficient support to even reach a vote; it should either be re-written or die. It should not be kept alive by buying the vote of one state's Senator at the expense of the taxpayers in 49 other states. Perhaps worst of all, the Senate's brazen action—which was taken in the name of providing healthcare to all—could actually result in denying healthcare to the poorest and neediest across the nation."

King, a Republican, participated in a conference call of the 10 attorneys general on Tuesday to discuss the so-called "Nebraska Compromise." They discussed possible legal concerns to the Senate version of the bill, which is expected to pass today (Thursday). The Senate version is different from the version passed earlier by the House and will require a conference committee between the two chambers to hammer out the differences.

"No one questions that the Nebraska Compromise is patently absurd," King said. "The question is whether it is also unconstitutional. We are evaluating whether it is, and, if it is, what our oaths require us to do to defend the Constitution. If the Senate refuses to contemplate these serious constitutional questions and concerns, then we will."

Gov. Bob Riley and Medicaid Commissioner Carol Herrmann-Steckel have also expressed concerns about the deal created for Nebraska.

http://www.montgomeryadvertiser.com/art ... hcare+bill

Beyond the Constitution: The Healthcare Bill Violates the Rule of Law

Senator Jim DeMint (R-SC) has pointed observers to a problematic section of the health care legislation now before the Senate that proposes (in Section 3403) to create an Independent Medicare Advisory Board. He rightly observes that the bill language makes it virtually impossible to repeal that part of the legislation, thereby attempting to bind future Congresses.

DeMint is right about all this, but—having read through the legislation—by my read it is actually much worse than has been suggested, and much more destructive of the rule of law and democratic governance.

The purpose of the Independent Medicare Advisory Board is to “reduce the per capita rate of growth in Medicare spending.â€

This legislation is not about health care, but about placing one sixth of the American economy—and some of the most important and personal decisions in our lives—under the permanent control of government.

That sums it up in a nutshell.

If this healthcare plan was so wonderful why is Congress excluded?

http://www.alipac.us/ftopict-182693.html
New York State may sue over healthcare bill

http://www.alipac.us/ftopict-182686.html
GOP May Sue Over Healthcare Bill's 'Nebraska Compromise'

http://www.alipac.us/ftopict-182613.html
Seven State AG's probing health care deal for Nebraska

I called Feinsteins office a couple of weeks ago, and the guy told me that we would not be forced to buy the coverage if we could not afford to, and we could also decline coverage if we did not want it, if I remember correctly. And that was the House version of the bill.

Quote:
That’s nullification at work.


That IS another thing we NEED MORE NULLIFICATION!!!

Agreed!

Here is something to make the strongest stomach ill.

http://www.youtube.com/watch?v=WOYqNO-RoT8

They have no idea the hornets nest they have stirred up!!!!

That damn commie is at it again! He declares health care as a RIGHT!

A RIGHT is something an individual enjoys and can choose to excersize the RIGHT or NOT. When the propagandists commies order you to excersize your RIGHT, it ceases to be a RIGHT and becomes a dictate!

The government has no RIGHT to tell me that I MUST excersize my RIGHT!

Wake up you left wing looney tunes, you have been had! Your commie masters, your leaders are going to have you walk the plank too! Smack your head against the wall, hit yourself with a hammer......real hard! Wake up!

Originally Posted by roundabout

Here is something to make the strongest stomach ill.

http://www.youtube.com/watch?v=WOYqNO-RoT8

They have no idea the hornets nest they have stirred up!!!!

That damn commie is at it again! He declares health care as a RIGHT!

A RIGHT is something an individual enjoys and can choose to excersize the RIGHT or NOT. When the propagandists commies order you to excersize your RIGHT, it ceases to be a RIGHT and becomes a dictate!

The government has no RIGHT to tell me that I MUST excersize my RIGHT!

Wake up you left wing looney tunes, you have been had! Your commie masters, your leaders are going to have you walk the plank too! Smack your head against the wall, hit yourself with a hammer......real hard! Wake up!

You mentioned the commies' hammer, but forgot to mention the sickle.

Johanns: Health care bill unconstitutional
Thursday, December 24, 2009
Sen. Mike Johanns' office

WASHINGTON --Senator Mike Johanns today voted in favor of a Point of Order declaring that the Senate health care reform bill is unconstitutional, and that Congress lacks the authority to pass the bill into law. The Constitutional Point of Order was introduced by Sen. John Ensign (R-NV) in response to concerns that certain provisions exceed the federal government's constitutional powers. The Point of Order failed, 39-60. During the health care debate, Sen. Johanns filed an amendment, which was blocked from consideration on the Senate floor, which would have expedited the process of reviewing the constitutionality of the bill's individual health insurance mandate.
"Congress' constitutional power is not unlimited," Johanns said. "I spent a lot of time throughout this debate with my fellow Nebraskans who were very concerned about whether Congress even has the legal authority to force individuals to purchase coverage. This is a very serious question and the American people deserve an answer. That's why I filed an amendment that would have expedited constitutional review of the individual mandate. This is not a matter of political posturing, but a matter of checks and balances."

Fast Facts:

* The Constitutional Point of Order stems from the "commerce clause" in the Constitution (Art. 1, Sec. 8, Clause 3), which authorizes Congress to "regulate Commerce...among the several States."

* The question of constitutionality arises from whether the individual mandate included in the Senate bill--which penalizes individuals for not having health insurance--falls outside this jurisdiction by regulating economic inactivity and forcing individuals into commercial activity.


http://www.mccookgazette.com/story/1597554.html

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