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Unconstitutional Health Care Reform

Jul 16th, 2010

health careOn September 23, 2010, there will be another round of health insurance issues through the newly mandated, The Patient Protection and Affordable Care Act, which will unleash a few more of the new laws, rules, and regulations for, we the people to become accustomed. A few of the new health insurance laws going into effect are:

  1. Dependent children may remain on parent’s health insurance policy until age twenty-six
  2. Heath insurance providers may not discriminate against pre-existing health care conditions for anyone under the age of nineteen
  3. Health insurance providers are forbidden from charging co-payments or deductibles for Level A or Level B preventive health care and medical screening on all new health insurance plans

Keep the health insurance in mind, understand that Article 1, Section VIII, opening paragraph of the Constitution of the United States of America states very clearly the following fact.

“The Congress shall have Power to lay and collect Taxes, Duties,
Imposts, and Excises, to pay the Debts and provide for the common
Defense and general Welfare of the United States; but all Duties,
Imposts, and Excises shall be uniform throughout the United States”

The key words are “uniform throughout” and it is this simple phrase that constitutes the new health insurance bill unconstitutional. The other valid argument is simply that although federal law trumps state laws, it was the states that ceded certain powers to establish the federal government. The government did not establish the states, the reason why each state has its own seat of government with the exception of the state of Texas, which was its own country from 1836 to 1845 before joining the Union. The Tenth Amendment states the following:

“The powers not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to the States respectively,
or to the people.”

This is why in the current health insurance battle there are twenty-one states Attorneys General filing suit against the federal government because the federal government cannot mandate health insurance as a requirement of citizenship. The twenty-one state lawsuit against the federal government respectively states the favoritism. They are using such examples as the “Louisiana Purchase” and the “Corn Husker Kickback” as examples though there are more.

It is true that the United States is facing health care crises because the current road we are on is absolutely unsustainable. To date there is more money being disbursed than there is income.

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