Thursday, October 1, 2009

Is ObamaCare Constitutional?

This is a good question and needs to be addressed before Congress gets knee-deep into the plan. The requirement forcing everyone to buy health insurance is probably unconstitutional. You cannot force a life style on individuals and this legislation clearly does this.

Congress has the legal authority granted by the interstate commerce clause to regulate and control issues dealing with most economic activities because of this clause. (Some would argue otherwise, but the courts have upheld this position in several cases over time).

However, opponents argue that healthcare is not connected with any economic activity. In other words, you're not growing something, making something, or composing something. Consequently, this proposed legislation would be unprecedented and probably ruled illegal. We really won't know until it becomes reality.

The forced mandate is in ObamaCare because Congress needs some way to pay for it besides reducing Medicare by $500, Billion dollars. Nice young healthy people won't drain the system and they will forcibly have to contribute to it financially. This helps spread the risk, making it affordable for more people. Remember, Obama wants to give entitlements to ILLEGALS and others who cannot afford it.

So how can the government lawfully mandate individuals to buy goods and services as a condition of living here in the United States? This begs the question if the government can regulate other personal behavior like forcing people to stop smoking or to loose weight. How would you like that to happen? Is government getting too big for its britches?

Potentially, this could open new doors for legislation into all of our personal lives. At what expense? Would you like the government telling you what to eat? How can the government control life styles? Should it?

Frankly, this whole topic is scary. Having the government do these things is a huge reduction in personal freedom. What do you think?

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