The Constitutionality of Obamacare


The Preamble of the U.S. 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 defense, 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."

Is the Preamble law?

When all of the dust settles and you finally just read the Preamble to the U.S. Constitution, you suddenly realize that "We the People" are the first three words that you will see. It does not say, "We the Government". This has a simple meaning. The government works for us, the People. Through all of the Constitutional amendments and all of the repeals and the entire legalese over the ages, one paragraph that should be considered just as much a law as the rest of the U.S. Constitution has never been altered and is always overlooked, The Preamble. This foundational meaning of everything else that follows in the U.S. Constitution is the core reasoning behind the entire document. Let's break it down shall we?

"In order to form a more perfect Union…" To establish, mold, and to grow a body of one people who are all equal in the sight of God and of man.

"…establish Justice…" Solidify fairness and right doing to all of the people.

"…insure domestic Tranquility…" Guarantee happiness and contentment for all of the people both in security and economic stability.

"…provide for the common defense…" Repel all tyranny, invasion of a foreign powers and civil unrest.

"…promote the general Welfare…" encourage to all of the people, good health and well being. Welfare is not a social way of life. It is a privilege that we as equal members of this great union establish for ourselves, not to be a provision of government that imposes what it thinks that we want or need.

"…secure the Blessings of Liberty to ourselves and our Posterity…" Holds close the gifts of freedom. Freedom to choose what we think is the right course or action to take that will benefit ourselves and our future lineage.

"…do ordain and establish this Constitution for the United States of America." Declare and create this body of laws of the people, by the people and for the people of the United States of America.

Supreme Court Ruling on Obamacare

The constitutionality of Obamacare has been questioned and ruled over by the Supreme Court. It's now the law of the land. Unfortunately, the law was poorly written and the Supreme Court does not rewrite laws it just decides whether they are constitutional. Congress writes and revises the laws. We appointed them to represent our best interests. Unfortunately they sometimes get it wrong. In the case of Obamacare or the Affordable Care Act of 2010, "the road to hell is paved with good intentions."

Health Care Reform and the Clinton Administration

The Affordable Care Act was forced down the American people's throats with promises of having their cake and eating it too. A metaphor that we all know is an illusion. Though the Democratic Party may have had good intentions the real crux of the matter is that the Affordable Care Act was a political ambition of the Clinton administration, orchestrated by Hillary Clinton.

The passage of healthcare reform failed during the Clinton administration and a Republican was elected. Let's fast track ahead to 2008 where once again, the Democratic Party is at the helm. Hillary Clinton was brought in as Secretary of State to bring aboard her votes for the Obama administration. The primary concession was the Affordable Care Act. Had Hillary Clinton not been brought aboard the Obama administration, would the Affordable Care Act be law today? I cry a resounding NO!

Is Obamacare Constitutional?

Setting aside conjecture and opinion let's get back on point. Is the Affordable Care Act or Obamacare constitutional? Based on the Supreme Court passage of the law it is. However, the law was passed on the basis that it is an imposed tax for not obtaining healthcare and not a penalty; noting that after finally being able to log into healthcare.gov it was referred to as a "fee". Based on the Preamble of the U.S. Constitution it does not meet any of the criteria that was intended by the Founding Fathers. Unfortunately, the Preamble is just an intention and defining purpose to the U.S. Constitution and has not been summarily used by the Supreme Court as law.

No Taxation without Representation

It can be argued and successfully debated that the amendments to the U.S. Constitution allow for the Affordable Care Act; that our Congressional Representatives are our voice and that argument would be correct. Congress "represents" the foundational definition of the U.S. Constitution on our behalf. They do not decide what's best for us but they speak on our behalf as a constituency or "union". By and large the Affordable Care Act is unconstitutional based on the intentions of what the U.S. Constitution represents. A citizen of the United States that is required to pay a tax, fee or penalty for a service that they do not want is a direct violation of the very essence of the U.S. Constitution.

Published by Jeff Coulter

A retired police officer with a technical background. Married and an empty nester.  View profile

4 Comments

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  • Jeff Coulter 11/24/2013

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  • PaulI 11/23/2013

    Ridiculous analysis starting from the initial premise. Read the whole "we the people" sentence, which continues with "in order to form a more perfect union," in other words a government. Removing those three words from context in order to apply your own personal viewpoint is not only wrong, it's dishonest. More fundamental, that "we the people" refers to all of us, not just you. It also refers to creating a government DESIGNED to be changed, when "the people" decide it should be. That's why that document goes on to describe the democratic electoral process, by which "the people" have chosen the government we have. This very "gummint", the one you don't like, chosen by "the people." Note well the rest of that document that describes that democratic process, the process by which "we the people" CHANGE what we don't like. Easy enough, you VOTE. So get "the people" to vote with you. That's how it works. Now stop your whining and the juvenile irrelevant pseudo analysis.

  • Tom 11/20/2013

    Bingo.

  • Susan D. Durham 11/18/2013

    Bravo! Thanks for this excellent argument.

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