Thread: Does Obamacare violate 10th Amendment and Article V ?

A review of our Constitution establishes an irrefutable fact that the people of the united States have not delegated a power to Congress to tax for, spend on and [b][i]“regulateâ€

Some States have already legislated "States Rights claims" against the Gov't. A few states say they will nullify the Health care and other bills it deems violated our 10 th amendment rights.

Originally Posted by ELE

Some States have already legislated "States Rights claims" against the Gov't. A few states say they will nullify the Health care and other bills it deems violated our 10 th amendment rights.

Exactly! But keep in mind that the formula for delegating new powers to Congress would also be violated which requires consent of the people via the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof for Congress to exercise any new powers thought to be necessary for Obama's change. This procedure, consent of the governed as articulated in Article V is in fact one of the key elements in our constitutionally limited “Republican Form of Governmentâ€

A couple of weeks ago Laura Ingraham had a guest on her radio show who is a lawyer who advises on Constitutional issues and he made the point that several Supreme Court cases (dealing with women's rights to abortion) have already ruled that the government cannot limit access to medical care and procedures, and also limits the government's authority to regulate such. If HR 3200 passes in its present form I would expect court challenges will occur soon thereafter, and if this guy is right, big portions of the law will be ruled unconstitutional, starting with the Don, sorry, the czar, oops sorry again, starting with the commissioner who can dictate just about anything in the bill's current form.

Originally Posted by 4thHorseman

A couple of weeks ago Laura Ingraham had a guest on her radio show who is a lawyer who advises on Constitutional issues and he made the point that several Supreme Court cases (dealing with women's rights to abortion) have already ruled that the government cannot limit access to medical care and procedures, and also limits the government's authority to regulate such. If HR 3200 passes in its present form I would expect court challenges will occur soon thereafter, and if this guy is right, big portions of the law will be ruled unconstitutional, starting with the Don, sorry, the czar, oops sorry again, starting with the commissioner who can dictate just about anything in the bill's current form.

Why are our Republican members of Congress not screaming the alarm over Obama’s proposed assault upon our Constitution’s requirement that the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, must first approve the regulatory powers which Obama and his party’s leadership want to exercise under Obamacare and over the people of the various united States?

Isn’t this whole health care debate a typical example of how the Republican Party Leadership cleverly work hand in hand with the Democrat Party leadership in subjugating our written Constitution and how they help to pave the way for the Washington Establishment to seize powers not delegated?

Although some Republicans argue against Obamacare for various reasons which are in fact insignificant to the big picture which is the usurpation of a new power proposed to be exercised by Congress, there is not one among the Republican Party’s leadership, to the best of my knowledge, who has repeatedly and loyally pointed to the various provisions of our Constitution which would be violated under Obama’s proposed health care plan: the violation of our Constitution’s Tenth Amendment; The violation of Article V by which new powers may be granted to Congress; the violation of our Constitution’s taxing provisions which would be used for a purpose not authorized; and the violation of Amendment Nine and the liberty of the people to make their own decisions and choices concerning their own personal health care needs.


Why does our Republican Party leadership stand idle and work in concert with the Democrat Party leadership to seize power not delegated by the People, and refuse to observe their oath of office to support “this Constitutionâ€