Friday, October 30, 2009

White House Denial Forced Mandate is Unconstitutional

The White House and Congressional Democrats (and any on-the-sidelines potential Repbulicans) who support such a mandate on individuals to purchase health care insurance, or face fines, are so far out of touch with the tenets of our nation's founding it is simply astonishing.

The Constitution guarantees our rights, our individual rights. The federal government was enabled limited powers. We possess the rights, government doesn't give rights to us.

It isn't the government's duty to force a product on to an individual. What's next?

Obama Fit 'n Trim Fast for the obese?

Obama Smoke-free patches for addicted smokers?

Net the Truth Online

White House Says No ‘Veracity’ to Argument That Forcing Individuals to Buy Health Insurance Is Unconstitutional
Thursday, October 29, 2009
By Fred Lucas, Staff Writer

( – White House Spokesman Robert Gibbs told on Wednesday that there is no "veracity" to the argument that the U.S. Constitution does not authorize the federal government to force individuals to buy health insurance.

The Congressional Budget Office has said that the federal government has never before in American history forced Americans to purchase any good or service.

When the health-care bill was being debated in the Senate Finance Committee, Sen. Orrin Hatch (R-Utah), the former chairman of the Senate Judiciary Committee, raised questions about the constitutionality of forcing Americans to buy health insurance, which all congressional versions of the health care bill would do.

Hatch rejected the notion that the Commerce Clause--which empowers Congress to regulate commerce "among the several states"--justifies forcing Americans to purchase a product they do not want to buy. If Congress can make people buy health insurance, Hatch argued, they can force Americans to buy refrigerators or new cars.

But Gibbs said those who make this kind of argument have no federal court cases to back them up.

"I won't be confused as a constitutional scholar, but I don't believe there's a lot of--I don't believe there's a lot of case law that would demonstrate the veracity of what they're commentating on," said Gibbs.

Asked by last week where specifically the Constitution authorizes Congress to mandate that individuals buy health insurance, House Speaker Nancy Pelosi (D-Calif.) said, “Are you serious? Are you serious?"

A Congressional Research Service report concluded that requiring individuals to purchase or have health insurance could be challenged.

“Whether such a requirement would be constitutional under the Commerce Clause is perhaps the most challenging question posed by such a proposal, as it is a novel issue whether Congress may use this clause to require an individual to purchase a good or service,” the CRS reportedly says.

In 1994, when the Clinton administration attempted to push a health care reform plan through a Democratic Congress that also mandated every American buy health insurance, the Congressional Budget Office determined that the government had never ordered Americans to buy anything.

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