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It Turns Out that Obamacare is Illegal and In Direct Violation of the Constitution, as the Lawsuits Stack Up Against It

By: Steve Johnson

6/11/2010 - 52 Comments

The newest legal case against Obamacare puts the language of the Constitution against the language of the National Health Care Reform Bill.

The legal arguments clearly show that the Constitution simply doesn't allow the federal government to demand a payment for not doing something.

The case was brought by the Thomas More Law Center on behalf of several individuals.

Named as defendants in the lawsuit are President Obama, Health and Human Services Secretary Kathleen Sebelius, U.S. Attorney General Eric Holder and Treasury Secretary Timothy Geithner.

It includes many points of legal violation, namely the government's plan to force individuals to buy health-care insurance and pay for abortions.

In many cases, abortion is tried to religion and the Bill of Rights prohibits Congress from making any law respecting an establishment of religion or prohibiting the free exercise thereof, which are often used to argue the ‘separation of church and state’.  

This is in direct violation of the First Amendment, which contains the Bill of Rights.

The legal case also notes that the National Health Care Reform Bill ultimately claims that the federal government has the power to force all Americans to engage in a commercial transaction in which they otherwise would not engage. 

Congress had no authority under the Commerce Clause to pass the law and that by usurping the power reserved for the states and the people, Congress violated the Tenth Amendment.

If the counts do not uphold these constitutional violations, than the counts are clearly failing to uphold the legal authority of the constitution.  

Another Case

Another case was filed in federal court in Washington, D.C., by the American Center for Law and Justice against Attorney General Eric Holder and others.

Filed on behalf of five American taxpayers, the case claims the mandate forcing U.S. citizens to buy health insurance violates the U.S. Constitution and the religious rights they hold.

"This is an unprecedented assault on the constitutional freedoms of Americans," said Jay Sekulow, chief of the ACLJ. "The Constitution specifically grants the federal government, including Congress, limited powers. It's clear that this individual insurance mandate goes well beyond those enumerated powers and represents the ultimate power play – Congress and the federal government acting as if they possess a policy power to pass and enforce any law that they deem advisable."

The case argues that collecting a fine for not buying health insurance in none enforceable.

“Mandating that individuals purchase health insurance is an unprecedented and unconstitutional expansion of congressional power, as Congress has never before required individuals to involuntarily buy a good or service under the guise of its Commerce Clause authority," the complaint states.

"If Congress succeeds in asserting this unprecedented claim of authority, it would set a sweepingly broad standard unsupported by the Constitution that would allow Congress to dictate to individuals that they must, or must not, buy countless other goods or services in the marketplace," the complaint says.

The case also seeks a court declaration that the individual mandate is unconstitutional and that the defendants violated the plaintiffs' rights under the Religious Freedom Restoration Act.

More than a dozen state attorney generals have also filed lawsuits on similar grounds.

And in a recent Rasmussen survey 58 percent of the nation wants the entire National Health Care Reform Bill repealed.

Other Ways

These legal cases can sometimes take years and by then the bill will have been implemented, making it much more difficult to remove--and that is what the Obama team is hoping for.  They knew the bill was illegal when they passed it, but they also knew the courts may not be able to respond fast enough to stop the damage.

There are several other ways to stop the Health Care Reform Bill.  One is to underfund it by passing bills that take away the trillions of dollars that are needed to fund the bill.  

Still another way to stop the bill is to pass other bills that directly conflict with this bill and tie its hands, making it impossible to implements--resulting in a complete failure.

Perhaps the most direct way to stop the Health Care Reform Bill is the gain control of both house and Senate in November and to repeal the bill. 

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