Various States Plan to Sue Over the Constitutionality of the Recently Passed Healthcare Bill, but Delaware Will Not Be One of Them.

Is This Just Hot Air or Do They Have a Case

Jay Braun
By now everyone has heard that numerous state attorney generals are suing over the constitutionality of Obamacare. The bill just barely cleared the House of Representatives by four votes. You can figure that at least eight of these members blatantly went against what their district wanted and the majorities of American people in general. The bill also only was kept from being defeated by the filibuster by 1 vote. You figure the morons would learn when Scott Brown won the special election in Massachusetts. Many voters said stopping healthcare was a reason that they voted for Brown. Obama, Reid, and Pelosi (also know as Larry, Moe, and Curly) did not get it and found procedurals routes to force the bill on the American public. There is much debate, but most likely lots of good people will lose their seats in congress and the senate because of worrying more about handing Obama a win than doing the will of the American people. The only thing that was bi-partisan about the bill was the opposition.

With all the controversy and backlash from Obamacare passing some states have decided to challenge the law. Idaho actually passed a law in order to nullify the law in the event that it passed. Fourteen states in total are suing over the bill. They are Alabama, Florida, Colorado, Idaho, Michigan, Nebraska, Pennsylvania, South Carolina, Texas, Utah, and Washington. One issue with many of those states is that some will really be bordering on further financial crisis once the government cuts the subsidies to the states. There is argument about when this will occur, but most likely it will be around 2014. Those numbers do not take into account all of the illegal aliens and their anchor babies that are born here after their criminal parents come here illegally like cockroaches.

The main issue behind the suit is that the states are being mandated to do something without funding from the federal government. Right now the federal government and the states share responsibility for Medicaid. This will shift more and more to the states eventually under Obamacare since very large amounts of new people will become eligible for Medicaid under this plan. The other issue that is being argued as unconstitutional is the individual mandate that requires people buy health insurance or pay a fine. Never in the history of our country has that ever happened. It sets a very dangerous precedent were the government could force people to do almost anything. You could be required to buy certain food, clothes, or cars if this holds up. That might sound like a stretch so some, but the principle is that it gives the government too much intrusion into people's lives. This is one reason for much of the outrage. Unfortunately for Obamacare the plan would not come close to looking effective if it was not for this forced intrusion of the government. If that is held unconstitutional then the bill in effect is dead as it should be and most Americans wanted. . This will cause an undue financial burden. Another big issue is the individual mandate. The main arguments that are being raised are issues over states rights as guaranteed under the 10th amendment to the United States constitution. This argument would hold up if our founding fathers were to decide it, but with many of the activist judges and the race issue from the civil rights bill being brought into it, I doubt the tenth amendment challenge will hold up, but it could.

There will also be argument that the individual mandate is a violation of personal rights because as mentioned it forces you to buy something. There are some people who may not want it because they are perfectly healthy. This will probably be a 14th amendment challenge. The main arguments that the proponents of Obamacare will make is that is falls under either the Necessary and Proper clause of the constitution or the Commerce Clause. The congress does have the right to regulate commerce, but this is not something that people are buying. Here for the first time people will be forced to buy something. Liberals argue that in some states you are forced to buy insurance if you drive. That is true, but you have the choice of not driving. You don't have a choice in Obamacare. If you are alive you buy insurance or pay a fine. I think the opponents have very reasonable arguments. The issue will be how activist the judges are. This is a very dangerous slope towards too much big government and Obama is just getting started. On their side the Necessary and Proper Clause might be a better argument, but then counter is that our country survived quite awhile without Obamacare and the socialist individual mandate. I personally think it will be an interesting fight and just like the passage of the bill it will matter less the merits, but an activist judge will probably want to hand Obama a win.

Delaware will not be joining this lawsuit. For one thing our attorney general is Beau Biden who is the son of Vice-President Joe Biden. He will not take action regardless of the legal issues or public opinion, which is very split in Delaware with just 1% more opposed than favoring the bill. This is liberal partisanship at its worse. Delaware was the first state of the union. They also did not support Abraham Lincoln when he ran because they saw all the trouble it would bring, but now Delaware is so blue it's pathetic. I am ashamed at how kiss tail liberal this state has gotten.

Thank you for reading. God Bless and God bless (and save) America.

Sources.

http://www.telegraph.co.uk/news/worldnews/northamerica/usa/barackobama/7508013/US-health-care-14-states-file-lawsuits-over-Barack-Obamas-reforms.html

www.attorneygeneral.delaware.gov

http://www.tenthamendmentcenter.com/

http://topics.law.cornell.edu/wex/Commerce_Clause

http://law.onecle.com/constitution/article-1/49-necessary-and-proper-clause.html

Published by Jay Braun

I am 34 and born and raised in the Delaware/Maryland area.I went to college in the deep south and had a double major while being a varsity athlete traveling up to two days a week year round. I work in ba...  View profile

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