The Preamble to the Constitution

WE THE PEOPLE of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Wednesday, March 24, 2010

The Health Care Overhaul is unconstitutional

Part of the language in the health care overhaul is unconstitutional. The Constitution states that no state shall impair the obligation of contracts. Subsequent Supreme Court decisions would likely apply this prohibition to the Federal government.

The constitution says (Article I, section 10) "..SECTION. 10. 1 No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility." This is an exact quote from it.

The new Democrat health care bill provides that uninsured people must buy insurance or face prosecution and penalties. It is no great stretch of the imagination to argue that if Congress cannot impair an existing contract, it cannot force individuals to enter into contracts, on the same basis that minors cannot be forced into binding contracts. They have no legal standing to do so.

The essence of the Constitutional provision is to prohibit the government from interfering into the private affairs of an individual.

On this basis a lawsuit to declare this new statute unconstitutional is inevitable, if not expected. Don't cheer too hard just yet liberals, this will be in court for the next 15 years before it is resolved.

Draconian measures are the harbinger of tyranny.

Thankx for reading my rant !

bigmike

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