Here are three reasons why we believe the healthcare scheme Patient Protection and Affordable Care Act (H.R. 3590) before the Senate at this late hour tonight--at the Democrats own choosing--to be unconstitutional:
(1) Tenth Amendment: "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." No powers to regulate health insurance are found in the constitution. End of discussion here: states or the people have jurisdiction in the healthcare arena. The bill is unconstitutional.
(2) Eighth Amendment: Protection from "excessive fines" is guaranteed. Never before in the history of our nation have we fined for NOT purchasing something. This bill would require everyone to purchase health insurance coverage under threat of fine and/or jail. Any fine would be excessive. Joining this amendment is the Fourth Amendment which protects against unreasonable searches. To enforce their law of everyone having insurance must needs be a requirement of verification so that we would allow the Government to search our records for insurance coverage verification. If the burden of insurance coverage verification were placed in the responsibility of the people, then they would force anyone without health insurance to violate the Fifth Amendment which prohibits self-incrimination! What a mess!!! No wonder GOP Senators have declared this portion of the bill blatantly unconstitutional and have assured that it will be challenged in court. (Hertitage.org also offers a lengthy but excellent article explaining the unconstitutionality of mandating insurance purchase in detail.)
(3) Bill of Attainder: We assert the $1.2B "Cornhusker Kickback" is a bill of attainder which is prohibited in Art. 1 Sect. 9: (from Wikipedia: "A bill of attainder, is a legislative act which inflicts punishment without judicial trial and includes any legislative act which takes away the life, liberty or property of a particular named or easily ascertainable person or group of persons because the legislature thinks them guilty of conduct which deserves punishment.") Reid's manager's amendment to the bill was debated in a secret, partisan manner so as to punish those states not in on the bargaining with the Medicare healthcare costs of the state of Nebraska whose Senator Nelson was in on the secret scheme. The bill was released at the beginning of the biggest holiday shopping weekend of the year and is scheduled to be voted on not many minutes from now before the weekend closes.
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