While few Congressmen seem to be aware of the US Constitution or rather the powers it gives to the Federal Government, the simple fact remains crystal clear, the Health Care “reform” in in fact unconstitutional.
While our brave Senators and members of the House, wish to pay lip service to the Constitution, the Courts do at time enforce the law of the land. If Congress tries to pass this off as Commerce, it will be struck down the same as it did with the case, United States v. Lopez (1995).
The Court ruled that the Commerce Clause may only be used by Congress to regulate human activity that is truly commercial at its core and that has not traditionally been regulated by the states. The movement of illegal guns from one state to another, the Court ruled, was criminal and not commercial at its core, and school safety has historically been a state function.
Now when we go see our Doctor we are not carrying on commerce, nor does it cross state lines…We go to improve our health. The practice of medicine has been regulated by the State for over a century. So just as the case United States v. Lopes, the commerce clause may only be used by Congress to regulate human activity that is truly commercial at its core, and has not been regulated by the States.
Now this is the same Congress that has failed to regulate the sale of Health Insurance instead allow the States to do so create barriers so that Insurance company’s can not sell to people outside of their state. So what we have is a Federal Government that will not enforce the Commerce Clause on the States about Insurance. Lets keep in mind that this Clause was set up to prevent what is going on to the Insurance Companies, by Federal Commerce law, insurance companies should be allowed to sell nationwide.
However we have in Congress now, a group of Men and Women who will not enforce the Commerce Clause for the insurance companies but will try to enforce when and by whom you can have your surgeries done by. Does this make any sense to you?
For those that wish to site the Preamble it says to promote the General welfare it does not say provide or pay for.
While congress can’t or won’t enforce it’s own legislation, there are no barriers to private entities filing suit alleging violations of the Constitution. I would imagine there are going to be a lot of lawsuits in the future over this..