Letter: ObamaCare, passed against people's will
TO THE EDITOR: If Mr. Menk understood the U.S. constitution, he would know that only states in accordance to the 10th amendment may have the right to create government mandated/funded regulation, though it would be rejected, as was "Healthy Wisconsin," then many would migrate to other states in objection.
Here are some legal objections to Obama Care: ObamaCare is an unconstitutional individual mandate: This law was a forced mandate that penalizes Americans who choose not to participate.
ObamaCare violates the Commerce Clause:
The Commerce Clause, found in Article I, Section 8, clause 3 of the United States Constitution, is broad, but not limitless. Congress may regulate activity which involves the "channels" or "instrumentalities" of interstate commerce or individuals or things therein.
It may also regulate activity substantially related to or affecting interstate commerce. They may even regulate intrastate activity necessary and proper to effectuate general regulation of interstate commerce. But, the individual mandate is not tied any economic activity and, in fact, no voluntary activity at all. The mandate will compel nearly every American to act by purchasing insurance and then use this forced transaction as a basis to regulate their behavior. If the Commerce Clause were to allow Congress to force Americans to purchase a good because they exist or face punishment, then the idea of a government of limited powers is a nullity.
ObamaCare violates the Taxing and Spending Clause of the U.S. Constitution.
ObamaCare regulates Americans merely because they exist: No matter which of its powers Congress purports to rely upon, the ultimate question is whether Congress may regulate or tax a person simply for being?
And, in order to preserve the American ideal within a federalist system of limited government, the answer must be no.
ObamaCare was passed against the will of the people.