Monday, March 26, 2012

Is Obamacare Unconstitutional?

So today is the day Obamacare goes to court.  The U.S. Supreme court has agreed to hear six hour of arguments in this highly anticipated case where 26 states have signed on to the case against Obamacare.  The argument is that Obamacare infringes on States' Rights.  The argument is that Obamacare is Unconstitutional.  I wrote about why Obamacare is Unconstitutional way back on January 26, 2008

Obamacare basically attacks the 10th Amendment that states the following:  "The powers not delegated by this Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

This was worded this way because at the time of the Constitutional Convention the states had their own Constitutions, and they didn't want a Federal Constitution to trump these State Constitutions.  They didn't want the Federal Government to trump or trample on State Rights. 

The main provision people have a problem with is that of which states that every American must purchase healthcare or face a penalty.  Basically, this is the Federal Government telling you that if you want to be a U.S. Citizen you have to buy something -- you have to buy healthcare. 

The healthcare law should be abolished.  The alternative is a slippery slope.  If the government is allowed to tell you to buy healthcare, what's to stop them from telling you what to eat, or where you can eat?  What's to stop them from telling you who to marry and when? 

Surely is would be nice to provide a system where those without insurance can afford it, yet increasing the scope of government intervention into the healthcare system is not the answer.  A better system would be to get the government OUT of heallthcare by a process called "de-regulation."  This would lower the cost of medicine and medical care, and make it more affordable across the board.  Yet that's a discussion for another day. 

The bottom line is, the Constitution was written to protect individual rights, which includes the right to choose for yourself what to buy and what not to buy.  It is our hope the U.S. Supreme Court makes the right decision and slams down Obamacare as Unconstitutional. 

What is your opinion?

A brief descripiton of how the proceedings will go can be found here

No comments: