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ObamaCare Mandate Ruled Unconstitutional

By Da King Published: December 14, 2010

Government tyranny has been staved off for a bit longer, as Federal Judge Henry E. Hudson ruled the ObamaCare mandate is unconstitutional. The mandate would have forced all Americans to purchase private health insurance or pay a fine, a clear perversion of the Commerce Clause, which states Congress shall have the power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."

Getting right to the heart of the matter:

U.S. District Judge Henry E. Hudson wrote that no court had expanded the Commerce Clause of the Constitution to allow the government to regulate a person's decision not to buy a product.

"At its core, this dispute is not simply about regulating the business of insurance — or crafting a scheme of universal health insurance coverage — it's about an individual's right to choose to participate," Hudson wrote.

From the Judge's actual case opinion:

Neither the Supreme Court nor any federal circuit court of appeals has extended Commerce Clause powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market. In doing so, enactment of the [ObamaCare mandate] exceeds the Commerce Clause powers vested in Congress under Article I.

In another crucial part of the ruling, the Judge explains why the ObamaCare mandate was so dangerous:

Of course, the same reasoning [to require Americans to purchase health insurance] could apply to transportation, housing or nutritional decisions. This broad definition of the economic activity subject to congressional regulation lacks logical limitation.

In other words, if the ObamaCare mandate is allowed to stand, the government could force us to do almost anything it wished. There would be virtually no limitations on government power, rendering the Constitution a worthless piece of paper, and subjugating individual liberty to the whims of our government overlords....which pretty much explains why progressives LIKE the ObamaCare mandate. They're a bunch of control freaks. They WANT to subjugate individual liberty to their idea of the collective good. They want to tell the rest of us what to eat, what to drive, what to wear, what to think, what to see on television or hear on the radio, how much money we should make, how much of our own money the government should let us keep, how we should spend the money we do have, etc, etc, etc. Individual liberty is the arch enemy of the leftists.

So naturally, the White House is "disappointed" that a Federal Court has ruled Congress "exceeded it's authority" with the ObamaCare mandate (actually, only congressional Democrats exceeded their authority. Republicans correctly voted against ObamaCare). Tyrants don't like limits on their authority. Here's Obama defending his unconstitutionality in an interview with ABC last month:

"What I think is appropriate is that in the same way that everybody has to get auto insurance and if you don't, you're subject to some penalty, that in this situation, if you have the ability to buy insurance, it's affordable and you choose not to do so, forcing you and me and everybody else to subsidize you, you know, there's a thousand dollar hidden tax that families all across America are -- are burdened by because of the fact that people don't have health insurance, you know, there's nothing wrong with a penalty," [Obama] said.

What a pantload. Where should I start ?

No, Obama, nobody HAS to buy car insurance. Nobody even HAS to buy a car. Nobody has to drive. Those are individual choices. What Obama is doing with his health insurance mandate would be equivalent to FORCING people to buy a car, a clear violation of liberty. It doesn't matter whether the ObamaCare mandate is convenient to Obama's agenda or not. He shouldn't have the power to force such a thing upon the people. That's why we have a Constitution limiting the government's power in the first place. Plus, Mr. President, it's the STATES that require insurance if one chooses to drive a car, not the federal government. Read the 10th Amendment if you haven't yet, Mr. Constitutional Law Professor.

Obama's reasoning that others have to pick up an uninsured person's healthcare tab is even more specious, especially when you consider that Obama is a known wealth redistributor, as are all liberals. Obama has NO problem with other people subsidizing the housing, food, and healthcare of others. Are you kidding me ? What do you think welfare, section 8, food stamps, and Medicaid are all about, not to mention liberal views on tax policy ? Obama is for subsidization EVERY time. That's how his party gets elected to office, by offering to subsidize one group at the expense of another group. Now, all of a sudden, Obama reverses course and is worried about someone else subsidizing healthcare ? Bull-Spit. What a laughable lie. He could care less about that, as all his other beliefs prove. ObamaCare itself subsidizes healthcare for others. What Obama is really interested in is power. When the Constitution gets in the way of that power, it's damn the Constitution. He's not the first politican to act this way, of course, just the latest example.

Judge Hudson also shot down the White House's revisionist argument that the ObamaCare mandate is a tax and therefore constitutional. You may remember, Obama insisted over and over that the ObamaCare mandate penalty was not a tax, until the case went to court, at which time the Obamaniacs realized arguing that it WAS a tax was better for their case. Judge Hudson writes:

Having concluded that [the ObamaCare mandate] is, in form and substance, a penalty as opposed to a tax, it must be linked to an enumerated power other than the General Welfare order for the noncompliance penalty to survive constitutional challenge, it must serve to effectuate a valid exercise of an enumerated power - here the Commerce Clause.

And in a footnote:

If allowed to stand as a tax, [the ObamaCare mandate] would be the only tax in U.S. history to be levied directly on individuals for their failure to affirmatively engage in activity mandated by the government not speciically delineated in the Constitution.

How I love it when the Court gets it right. The Court really is the last bastion of freedom against a tyrannical government. No wonder FDR tried to pack the Supreme Court with those friendly to his unconstitutional wishes. As I said before, tyrants don't like limitations.

We can't pop the champagne corks just yet. This case is not over. The Obamaniacs will no doubt appeal this ruling all the way to the Supreme Court.

But this is a hell of a good start. Score - Freedom 1, Tyrants 0.



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