"Individual Mandate" Unconsitutional

Rest In Peace

The cornerstone of Obamacare just got yanked out from under the law by a three judge panel of the 11th Circuit Court of Appeals in Atlanta. While not going so far as to rule the entire law unconstitutional as Judge Vinson had done, it struck a major blow to Obama's signature legislation. The very legislation he concentrated on while the economy we are now experiencing slowly boiled to a head and to think it bears his name..

Obviously this will now be heading to the US Supreme Court. The sooner the better. The law is even more unpopular now with the American public than it was when Initially shoved down our throats. Why? Because we're "seeing what is in it" and even today more things are being revealed as to the hidden costs contained therein which the American tax payer is expected to bear. It was a bad idea when Obama was pushing for it and it's still a bad idea today. Rest easy. It appears that Congress can't make us buy and eat our broccoli either.

What the decision said basically is that Congress exceeded its authority granted by the Constitution in requiring a citizen to buy insurance or be taxed for not doing so. I remember Obama claiming during the process that it wasn't a tax. Then after all the court challenges started his Justice Department contended it was a tax and Congress had the power to tax. I reckon they couldn't find any other justification for the federal government to require anyone to buy anything.

The majority opinion put it this way, "This economic mandate represents a wholly novel and potentially unbounded assertion of congressional authority." It definitely leaves the door wide open to make the American public slaves to the buying whims of any Congress. The court found that many of the objectives of the law were admirable but making it a requirement to purchase it or else wasn't on the playing field anymore.

This was the suit that the 26 states filed to challenge the law. A previous appeal in the Circuit Court of Cincinnati let it stand so the SCOTUS will have the last say. That is exactly what the Obama administration doesn't want to happen. The timing doesn't look good for this administration as it struggles with having made a soup sandwich out of the economy and Obama showing the nation what a weak, inexperienced leader he is. He spent 18 months wasting precious time with this socialistic nonsense when he, and his Democratic majority in both Houses of Congress, kept mouthing the words, "Jobs are our #1 priority!" The only jobs they're worrying about right now are their own.

The NFIB (National Federation of Independent Business) was the only private organization which joined the 26 states in the suit. They are happy campers about the decision. Karen Harned, executive director of NFIB'S legal center proclaimed, "Small-business owners across the country have been vindicated by the 11th Circuit's ruling that the individual mandate in the health-care law is unconstitutional. The court reaffirmed what small businesses already knew - there are limits to Congress' power. And the individual mandate, which compels every American to buy health insurance or pay a fine, is a bridge too far."

Great movie "A Bridge Too Far" but this law never played well on Main Street. Hey Obama! Grab your shovel son. We're about to bury your first born signature piece of legislation in life. Without the individual mandate, read:other people's money, this whole house of cards will collapse.

Finally Found Something Shovel Ready!

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Comments 37 comments

WillStarr profile image

WillStarr 5 years ago from Phoenix, Arizona

Great news! It's obviously unconstitutional. If government can order a 'free' people to buy something, then there's no limit to their power, and there is no freedom.


Stewart Engelman 5 years ago

Hi Frog,

Actually, I can think of four separate reasons why ObamaCare is not legal:

(1) As you mention, the individual mandate exceeds federal enumerated powers.

(2) Also, as you mention, taxing authority comes from the House. The final bill was rushed through Congress so fast they may not have been aware of the penalty tax provisions. Further, spending authority also comes from the House. The HC Bill has two embedded spending provisions (one for HHS admin of ObieCare, and a much bigger one to fund the state health exchanges). The same issue of informed consent by the House arises.

(3) The Intertstate Commerce Clause was enacted to prevent restraint of trade by the states (such as assessing import duties against out of state competitors). It was NEVER intended to grant the federal government the power to regulate COMPANIES. Thus, the argument that the federal government can regulate insurance because many big insurers have interstate sales is erroneous.

(4) ObamaCare was passed in violation of Senate cloture rules. The usual 60% vote needed to kill a filibuster in the Senate was unattainable once Scott Brown won in MA. So Obie classified the HC Bill as a budget resolution, lowering the cloture level to 50%. Besides not being a budget resolution in substance (such as a balanced budget bill, change in the debt ceiling, etc.), a budget resolution for the purposes of determining the cloture threshold must originate in a House Committee - ObamaCare originated from Obama's desk. Such misclassification violates Constitutional specifications applicable to cloture.

Stu


The Frog Prince profile image

The Frog Prince 5 years ago from Arlington, TX Author

Will - If the federal government is ever allowed to require us to purchase anything then our liberty is definitely at great risk. If I don't want to buy something, I don't want to buy it and sure shouldn't be penalized by a tax for exercising my own free will.

We need health care reform but not to the tune of 2,700+ pages of taxation and bureaucracy creation.


CMerritt profile image

CMerritt 5 years ago from Pendleton, Indiana

Perhaps intravenous injection has finally been inserted to begin the process of putting this bill out of it's misery...at least this is the first step.

I'm sure the tea party will be blamed for everyones poor health next...


The Frog Prince profile image

The Frog Prince 5 years ago from Arlington, TX Author

Stu - This administration knows every unethical rule in the book to try to get its way.

CMerritt - I'm sure you're right. We're the lefts favorite whipping post and I love it. That means they are afraid, very afraid.


Lynn S. Murphy 5 years ago

OMG! perfect. Terrorists, hostage takers and medical meanies. Oh my.....Can't think of a better way to succeed in killing the bill!


Pat Potts 5 years ago

I suppose next will be the supreme court. When you force people, no one wants it, and I don't want a government agency telling anyone they have to buy something they don't want.

Good hub. Thanks again.


caltex profile image

caltex 5 years ago

The sooner this Obamacare gets tossed, the sooner for the economy to pick up. The president should be doing himself a favor by just manning up and accept the bill was a mistake. Obamacare has done nothing but exactly the opposite of what they intended it to be - higher insurance rates and higher unemployment. You know, he can always blame Pelosi for it.


The Frog Prince profile image

The Frog Prince 5 years ago from Arlington, TX Author

caltex - Or maybe blame Bush?


caltex profile image

caltex 5 years ago

TFP, he needs to stop blaming Bush. Only makes him seem desperate and pathetic. I actually think he is starting to realize this. Last I read, he's now into telling people there's something wrong about our politics, which is to blame for the stalled economy. Somebody commented on the article, "Yes. Something wrong with our politics - and Obama is exhibit A." That was funny - just had to share it.


breakfastpop profile image

breakfastpop 5 years ago

Score one big one for the people! Now let's see this bit of commonsense grow until iteliminates this miserable piece of legislation once and for all. Great piece of writing and I love the new avatar! Up and awesome and useful and interesting.


Alastar Packer profile image

Alastar Packer 5 years ago from North Carolina

We played "A Bridge too far" and maybe theres a parallel somewhere here but Redford said the only thing stupider than the amount of money the producers offered him would be if he had turned it down. Caught up on this situation some Frog, Thank You.


Dave Mathews profile image

Dave Mathews 5 years ago from NORTH YORK,ONTARIO,CANADA

Why is health care not mandatory and government mandated so that the doctors and patients don't have to deal with all the mess?

In Canada every province has their Government mandated Health Care Plan and every person living within each province must have health care coverage, which covers about 80% of the cost of hospitalization medication and post care. The other 20% is usually covered , picked up by outside health care carriers like blue cross, but the patient is properly cared for and the doctors etc. get their due fees from the government.


The Frog Prince profile image

The Frog Prince 5 years ago from Arlington, TX Author

Dave - Because our system of government, under the US Constitution, isn't about making anyone buy something they don't want because the federal government wants them to. It's called liberty and is about making choices as an individual and not the government making them for us.


WillStarr profile image

WillStarr 5 years ago from Phoenix, Arizona

As an independent and free American, I'm always amazed at how citizens of other countries simply accept nanny government authority over their lives and decisions.

They are so conditioned that they are puzzled at the American preference for freedom.

Scary.


Dave Mathews profile image

Dave Mathews 5 years ago from NORTH YORK,ONTARIO,CANADA

Froggie: Sounds pretty stupid to me. A mandated health care system where everyone is automatically covered for medical and is treated equally makes more sense to me.


The Frog Prince profile image

The Frog Prince 5 years ago from Arlington, TX Author

Dave - What makes sense to you may not fit the US Constitution, which although severely battered, is still the law of the land here in the US of A.


WillStarr profile image

WillStarr 5 years ago from Phoenix, Arizona

See? Hand your precious freedom over to government for the illusion of security.

That's what happened in Greece and the UK, but now those governments are broke, and all those 'safe' systems are failing, so the angry people are rioting.

The parasite of socialism always grows until it kills its capitalist host.


The Frog Prince profile image

The Frog Prince 5 years ago from Arlington, TX Author

Will - Margaret Thatcher had it right, "The problem with socialism is that eventually you run out of other people's money." Amen Margaret.


Pollyannalana profile image

Pollyannalana 5 years ago from US

Well we know it wasn't really Obama who came up with this plan...just whoever is pulling his strings. He is just along for the fun ride, I cannot understand anyone defending that man, it really is such ignorance to say he walked in to this mess. It was bad, granted, everyone knew that, and Obama convinced the majority he could fix it, and seeing all the much worse he has made it and wanting to add to that even more I cannot understand anyone would risk four more years of him.


Ghost32 5 years ago

Not to take anything away from your Hub text, Jim, but that Shovel Ready graphic is the best thing on the page!

Voted up, etc.


The Frog Prince profile image

The Frog Prince 5 years ago from Arlington, TX Author

Fred - You know I have my stable of graphics. Thanks. I use the to emphasize points. I wish the Hub would get on the stick and let us post them into our comments. Sometimes just a picture is an excellent comment or reply.

Jim


Pamela99 profile image

Pamela99 5 years ago from United States

The picture is great! I was very happy when I heard the news about the court verdict and can't wait until it gets to the Supreme Count. Great article.


The Frog Prince profile image

The Frog Prince 5 years ago from Arlington, TX Author

Pam - It's headed in that direction. Looks like a ruling will be handed down right smack dab in the middle of the next election cycle. Nice to see you. I was a bit worried about you.

The Frog


marcoujor profile image

marcoujor 5 years ago from Jeffersonville PA

I mandated myself to do some catch up reading. Voted UP & UAI... hope your morning is going OK, mar.


Harvey Stelman 5 years ago

Froggy, That's what you get from a "Constitutional Professor." H


nicomp profile image

nicomp 5 years ago from Ohio, USA

Come see me when *everyone* is obligated by the same mandate. When McDonald's, federal employees, union members, and specially selected special interests are exempt from this wonderful plan before it even becomes law, the fish stinks from the head down.


nicomp profile image

nicomp 5 years ago from Ohio, USA

"Dave Mathews Level 8 Commenter 7 weeks ago

Why is health care not mandatory and government mandated so that the doctors and patients don't have to deal with all the mess?"

It's not mandatory because it's constitutionally excluded. The federal government has a mandate to *stay out* of everything unless specifically enumerated by that document.

Yes, it a mess, but so is my back yard. Our constitution doesn't grant sweeping mess-fixing powers to the federal government.


PDXBuys profile image

PDXBuys 4 years ago from Oregon

Odd, Obama was a professor of constitutional law and now "Obamacare" is going to the Supreme Court to determine if it's constitutional? Wow... You'd think Obama's gang would have determined that earlier on...


The Frog Prince profile image

The Frog Prince 4 years ago from Arlington, TX Author

PDX - According to Pelosi they made sure it is. But I never put any faith in that dingbat.

Starting tomorrow we're about to find out.

The Frog


nicomp profile image

nicomp 4 years ago from Ohio, USA

@PDXBuys: The Supreme Court agreeing to hear arguments does not imply unconstitutionality.


PDXBuys profile image

PDXBuys 4 years ago from Oregon

@nicomp: This is straight from the front page -

"The Supreme Court begins three days of oral arguments Monday on whether President Obama's health care reform law is constitutional. Twenty-six attorneys general have brought suit against the Affordable Care Act, Obama's signature and biggest legislative achievement."


nicomp profile image

nicomp 4 years ago from Ohio, USA

@PDXBuys: Right. They are hearing arguments as to the constitutionality. The fact that they are hearing the arguments does not imply anything except that they are hearing arguments. They have decided nothing.

Anyway, this is a scary time for anyone believing in the US Constitution.


The Frog Prince profile image

The Frog Prince 4 years ago from Arlington, TX Author

I think you both are saying the same thing just differently.

The Frog


PDXBuys profile image

PDXBuys 4 years ago from Oregon

As a television commentator said, it is not considered unconstitutional until the first person is taxed/fined for not having purchased health insurance. That will happen in 2014. Perhaps there is still time to sort this out... Still wondering how a working-class family will cough up an extra $12,000 per year (estimated) to meet this requirement. No way...


nicomp profile image

nicomp 4 years ago from Ohio, USA

Don't forget the 'penalty' to be levied against people with plans that are *too good*.

Somehow, the federal government will baseline which health insurance plans exceed the common good. I am so happy.


The Frog Prince profile image

The Frog Prince 4 years ago from Arlington, TX Author

PDXPays - It seems the justices just called the government with calling the "penalty" a "tax" when Obama insisted all along that Obamacare has nothing to do with new taxes which was a blatant lie.

The Frog

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