Obamacare is Unconstitutional and Unconscionable and

Affects Everyone in the Country

Obamacare is not only a national issue, it is a local issue that will affect every citizen of this country as well as every business and every government entity in this country.  For example, Obamacare will expand Medicaid in every State and have a devastating effect on each State’s budget.  It is important for Americans to understand the unconstitutionality of forcing everyone to buy, not just health insurance, but health insurance approved by Obama and his bureaucrats.  The Florida and Virginia Courts were correct in finding that this provision violates the Commerce Clause, and the Supreme Court affirmed that.  The Commerce Clause permits the Federal Government to regulate commerce among the several States but does not permit the Federal Government to order citizens to purchase anything.  Article I, Section 8 Paragraph 2 of the Federal Constitution.  There are more unconstitutional and unconscionable provisions in Obamacare than space here permits. However, a few of the additional unconstitutional provisions of Obamacare that have been raised in various lawsuits against Obamacare include: (1) the violation of section 1 of the 14^th Amendment due to the lack of due process, since there is no appeal of the bureaucrats’ decisions; (2) the violation of the 4^th  Amendment’s search and seizure clause, because the IRS can search people’s financial records without a search warrant or establishing probable cause; (3) the violation of the equal protection clause of Section 1 of the 14^th Amendment by granting waivers to some organizations, because they are politically connected, but not to everyone, and (4) a violation of the 10^th Amendment, because the matters, such as health, police and education that were not granted to the Federal Government in Article I, Section 8, were reserved to the several States.  The 10th Amendment; See also, e.g., James Madison, Federalist Papers No. 45.  The Supreme Court only heard arguments on a few limited issues this year.  These other issues may still make their way through the courts.

Examples of unconscionable provisions include: (1) taking half a trillion dollars from Medicare, which is already scheduled to go bankrupt, and diverting it to pay for Obamacare (which diversion also violates the ‘takings clause’ of the 5^th Amendment); (2) having a panel of 15 bureaucrats appointed by Obama decide what health care will be provided, rather than our doctors and family; and (3) the mandate that coerces States to expand the eligibility for Medicaid (which violates the 10^th Amendment).  The Supreme Court correctly found that Obamacare’s mandate of forcing the States to expand their Medicaid eligibility or lose all Federal funds for Medicaid, even the Medicaid the States were providing, was unconstitutionally coercive.  According to the Centers for Medicare and Medicaid Services, New Jersey’s Medicaid population would increase by almost 43 percent if the State is coerced into the Obamacare mandate!  In 2010, Medicaid represented 21 percent of New Jersey’s total expenditures.  This increase will ensure the bankruptcy of New Jersey.  New Jersey and several other States have announced that they will not comply with the Obama Medicaid mandate. Many other States will surely follow suit.  Only five States currently have balanced budgets.  Obamacare will take that number to zero.

Obamacare has turned Kathleen Sebelius, Secretary of Health & Human Services, into an unconstitutional czar.  The Supreme Court has stated many times that the Constitution provides that Congress was granted the authority to pass legislation in accordance with Article I, and cannot completely delegate that function to a bureaucracy.  Congress must provide the outline of the law and the guidelines that the bureaucracy must follow in the statutes, and the bureaucracy has limited discretion in filling in the details.   Congress must provide, an “intelligible principle.” J. W. Hampton, Jr. & Co. v. United States,  (Chief Justice Taft, 1928); see also, Wayman v. Southard, 23 U.S. (10 Wheat) 1,41 (Chief Justice Marshall, 1825); United States v. Shreveport Grain & Elevator, 278 U.S. 77,85 (1932).  The Supreme Court has struck down laws under this often cited principle, and Obamacare should also be struck down.  Obamacare clearly exceeds the limits on Congress’ constitutional authority to delegate.  This excessive delegation of authority is made clear by the huge number of mandates granted to the Secretary of HHS and by the actual mandates issued by Sebelius, working with Obama.  These mandates have demonstrated clear dictatorial misconduct and abuse of power.  Many lawsuits have already been filed to strike down this unconstitutional abuse of power.  If there ever was a case for striking down a statute for unconstitutional delegation of legislative power, Obamacare is definitely that case.

The taxpayers of the various states are already tapped out.  The taxpayers of New Jersey will have to pay for the expansion of Medicaid, if the State caves in to Obama. Furthermore, the State’s Supreme Court has just unconstitutionally legislated from the bench by ordering the State to pay an additional $500 million in aid to failed urban schools and their Transportation Trust Fund that is going broke.  Most people who have paid into Medicare their entire working careers are very upset that Obamacare is taking $500 billion out of Medicare and would like their Federal and State legislators to do whatever they can to stop the unconstitutional and unconscionable Obamacare from harming them more.  Even raising awareness on this issue will help bring an end to this terrible and egregiously overreaching legislation.  Obamacare must be repealed.  We must elect Mitt Romney and Conservative Republicans to majorities in both houses of Congress and make the repeal of this unconstitutional, unconscionable, intrusive and abhorred legislation a top priority.