Was the Democrat congress unwilling or unable (ability) to follow the constitution?
Question by Anthony C: Was the Democrat congress unwilling or unable (ability) to follow the constitution?
Just to let everyone know I did support reform, but the way it was done was very backwards, specifically some of examples of many:
The passage of this bill far exceeds the powers granted to Congress under the provisions of Article 1, Section 8 of the Constitution which specifically states what Congress can do.
2. The bill grants powers to President Obama and the Executive Branch of government that are not authorized under the Constitution.
3. The new law requires every American, simply by virtue of the fact that they are alive, to purchase health insurance from private companies that will be heavily regulated by the Federal government. This is not authorized under the commerce clause of the Constitution and the Supreme Court has never rendered a decision saying that such power exists.
4. The legislation not only requires people to purchase health insurance, but establishes the terms and conditions that such insurance plans will have. In other words, Americans will be forced to enter into contracts for coverage that they may not want or need.
5. Failure to comply with the requirements to buy health insurance or even health insurance approved by the Federal Government will result in punitive action against American citizens. People will be fined for this failure although the bill calls it a tax. This is an effort to bypass the provisions of the 5th Amendment to the Constitution which provides protection against the taking of our property without “due process”.
6. This tax will be collected by the Internal Revenue Service that will have an additional 16,500 agents and auditors hired to enforce it. This opens the door for people who fail to pay the “tax” being subjected to criminal penalties.
7. In order to facilitate the actions by the IRS the Federal government will have real time access to the formerly private information of Americans including medical records and financial information. This is a violation of our right to privacy and the 4th Amendment protection against illegal searches and seizures.
8. The imposition of this so called “tax” also violates Article 1, Section 9 of the Constitution that limits the type of taxes that Congress can levy.
9. The bill also takes away from the states their historic right to regulate the health care industry, including health care insurance, within their own borders. Everything will now be regulated by the Federal government. This is a clear violation of the 10th Amendment to the Constitution.
10. In addition, the legislation will force State Governments to add millions of people to Medicaid, yet the Federal government will not be funding most of this. In other words, the bill will force the states to impose massive tax increases on their citizens in order to pay for this coverage. Congress has no authority to do this and it is another clear violation of the 10th Amendment.
11. The impact on senior citizens in the United States will be immediate and devastating and will entail a breach of contract between Americans and their own government. We are required to pay taxes for Medicare coverage and have a right to expect that they will have adequate health care coverage when we reach age 65. However, enormous cuts in the funding of Medicare under the provisions of the new law will deny us the coverage we have paid for and inevitably lead to the rationing of health care for senior citizens.
Also should congressional members be required to take a test on their understanding on the constitution as a qualifier for running, and should the congressional districts have specific recourse to pull leaders from office, if congressional leaders blatantly takes action to breach this document as within their defined powers?
Also to let you know I am an Independent and do not particuarly like Repubocrates either.
Bushs Presidency was just as Bad, but I never believed it could actually get worse.
Best answer:
Answer by Crown Royal
Where do you get that? Do you even know what Article 1, Sec. 8 says?….”The Congress shall have Power To lay and collect Taxes, … to pay the Debts …and general Welfare of the United States;”
If that doesn’t describe the bill, I don’t know what does.
And as for being “forced” to buy insurance, that’s been decided by Social Security Act review by the Supreme Court. You have to pay into it, and may never see any of its benefit. If you die, your beneficiaries get none of what you paid in. That was deemed Constitutional.
Know better? Leave your own answer in the comments!